Waddell v. Waddell
Utah Supreme Court
Appeal from District Court; Third District; Hon. G. W. Morse, Judge. Action by Leonora E. Waddell, as executrix of Isaac If. Waddell, deceased, against William M. Waddell and others. Erom a judgment granting insufficient relief, plaintiff appealed. STATEMENT OE FACTS.
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Appeal from District Court; Third District; Hon. G. W. Morse, Judge. Action by Leonora E. Waddell, as executrix of Isaac If. Waddell, deceased, against William M. Waddell and others. Erom a judgment granting insufficient relief, plaintiff appealed. STATEMENT OE FACTS. Tbe facts in. tbis case, briefly stated1, are about as follows: Isaac M. Waddell died testate in Salt Labe City, Utah, about December 13, 1902. Plaintiff is tbe second wife of tbe deceased, and, under tbe last will_and testament, is tbe sole devisee of all bis estate. Tbe will was duly admitted to probate, and in due course of…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
We think the finding- of the court that William M. Wad-dell came rightfully into the possession of the deed to the Idaho land, and that he destroyed the same, believing that he had a right to do so, is against the weight of the evidence, and therefore erroneous. The facts' and circumstances leading up to and surrounding the destruction of the deed, when considered in connection with the testimony of plaintiff, tends to show that respondent William M. Waddell must have known that he had no right to destroy the deed. Plaintiff testified that, soon after the…
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