Mercer v. Mercer's Adm'r
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY APPEAL PROM MARION CIRCUIT COURT. It is not necessary that a witness relied on to establish the existence of a holographic will should state that the will and the signature thereto were in the handwriting of the testator. It is sufficient if the testator acknowledged that the will and signature were in his handwriting.
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Case 4 — PETITION EQUITY APPEAL PROM MARION CIRCUIT COURT. It is not necessary that a witness relied on to establish the existence of a holographic will should state that the will and the signature thereto were in the handwriting of the testator. It is sufficient if the testator acknowledged that the will and signature were in his handwriting. (Denton & Co. v. Franklin, &c., 9 B. M., 29; 1 Phillips on Evidence, p. 499.) 1. The witness relied on to establish the existence of the holograph will is not able to state that the paper which ho saw and read was in the handwriting of the testator,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oh the court.
Persons claiming to be the devisees under an alleged holograph, will of Felix Mercer, and also claiming that the original had been stolen and fraudulently suppressed by one of his heirs, offered a writing, purporting to be the substance of it, for probate. After being rejected by the county court, it was established by the circuit court; but upon an appeal to this court the *23judgment was reversed, with directions to affirm the judgment of the first-named court. The opinion will be found in 14 Bush, page 434, Mercer v. Mackin.
The only evidence…
2Cases cited1 opinion
- Allen v. PerryCourt of Appeals of Kentucky · 1869
3Cited by22 opinions
- Brennon v. CommonwealthCourt of Appeals of Kentucky · 1916
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- Webster v. LoweCourt of Appeals of Kentucky · 1899
- Ferguson v. BillupsCourt of Appeals of Kentucky (pre-1976) · 1932
- Johnson v. StiversCourt of Appeals of Kentucky · 1893
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