Kellogg v. Ridgely
Indiana Supreme Court
Erom Tippecanoe Circuit Court; R. P. DeHart, Judge. Action by Asa T. Ridgely and others against Ilenry C. Kellogg and others. Erom a judgment in favor of plaintiffs, defendant Kellogg appeals.
1Opinion of the CourtGillett, J.
— This action was instituted by appellees against appellant and a number of other defendants to establish and probate a will alleged to have been lost. A several demurrer to the complaint was overruled, and an exception duly reserved. On issue of fact joined, there was a trial by the court that resulted in a finding and judgment for appellees.
It is claimed by appellant’s counsel that the complaint is insufficient, in that it does not show that the will was in existence at the time of the death of the testatrix, or that it had been destroyed in her lifetime without her consent, *111or tliat it had…
2Cases cited2 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Harris v. HarrisNew York Supreme Court · 1861
3Cited by5 opinions
- Johnson v. KrocSupreme Court of Minnesota · 1923
- In Re Kerckhof's EstateWashington Supreme Court · 1942
- Gfroerer v. GfroererIndiana Supreme Court · 1910
- Firestone v. GreenbergSupreme Court of Minnesota · 1957
- In Re Estate of GreenbergSupreme Court of Minnesota · 1957