Williams' Ex'r v. Williams
Court of Appeals of Kentucky
Case 4 — CONTESTED WILL APPEAL PROM OWEN CIRCUIT COURT. •1. As to burden of proof in establishing the testator’s sanity. (Dee, &c., v. Taylor, 83 Ky. Reports, 259; Milton v. Hunter, &c., 13 Bush, 170; Hawkins v. Grimes, 13 B. M., 270; Sechrest’s Will, 4 Met.. 167 to 173; Will of Colo, 1 American Probate Reports, 342; Plood v. Pragoff, 79 Ky., 612.) 2. The legal presumption is in favor of the sanity of a testator.
Read the full summary
Case 4 — CONTESTED WILL APPEAL PROM OWEN CIRCUIT COURT. •1. As to burden of proof in establishing the testator’s sanity. (Dee, &c., v. Taylor, 83 Ky. Reports, 259; Milton v. Hunter, &c., 13 Bush, 170; Hawkins v. Grimes, 13 B. M., 270; Sechrest’s Will, 4 Met.. 167 to 173; Will of Colo, 1 American Probate Reports, 342; Plood v. Pragoff, 79 Ky., 612.) 2. The legal presumption is in favor of the sanity of a testator. (Hawkins v. Grimes, 13 B. M., 270; Milton's Will, 13 Bush, 170; Will of Cole, 49 Wis., 147; Drear v. Williams, 7 Baxter, 550; 1 Am Pro. Rep., 85.) 3. As to testable capacity, and…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
This is a contest between the devisees of Joseph P. Williams upon the one side, -and his heirs upon the •.other, over his will. It was executed on May 11, 1881, and he died in 1887. It .having been admitted to probate in the county court, his heirs took an appeal to .the circuit court, where It was rejected; and of this .his executor and the devisees.are .now-complaining.
*33Under our present statute the same effect is to be given in this court to the verdict of a jury in a will case as in any other civil cause. Where, however, an .attack upon a will…
2Cases cited6 opinions
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Phillips' ex'r v. Phillips' adm'rCourt of Appeals of Kentucky · 1883
- Milton v. HunterCourt of Appeals of Kentucky · 1877
- Pryor v. MiznerCourt of Appeals of Kentucky · 1881
- Jones v. JonesCourt of Appeals of Kentucky · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rowland v. HoltCourt of Appeals of Kentucky (pre-1976) · 1934
- Gay v. GayCourt of Appeals of Kentucky · 1919
- Russell v. TylerCourt of Appeals of Kentucky (pre-1976) · 1928
- Lisle v. CouchmanCourt of Appeals of Kentucky · 1912
- Wheeler v. McKeonSupreme Court of Minnesota · 1917
11 more not listed; retrieve them via the Exa API.