Lipphard v. Humphrey
Supreme Court of the United States
ERROR TO AND APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. Loraine Lipphard, of the District of Columbia, died December 9, 1903, leaving a paper writing purporting to be her last will and testament, bearing date April 27, 1898, duly attested by three witnesses, and naming Rev. Mr. Meador as executor.
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ERROR TO AND APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. Loraine Lipphard, of the District of Columbia, died December 9, 1903, leaving a paper writing purporting to be her last will and testament, bearing date April 27, 1898, duly attested by three witnesses, and naming Rev. Mr. Meador as executor. Decedent left surviving her as her next of kin and sole heirs at law her husband, Adolph F. Lipphard, Sr.; three sons, named John, William.A. and Adolph F. Lipphard, Jr.; two daughters, named Sophia L. Hellen, born Lipphard, and Capitola L. Anderson, born Lipphard; sixteen…
1Opinion of the CourtChief Justice Fuller
The contention of appellant is that as testatrix could not read, and as the will was not read to her at the time of its execution, it was therefore to be presumed that she did not know the. contents of the will when she executed it, or that the jury ought not to have been allowed to presume from the evidence produced before them that the testatrix had knowledge of the contents of the will.
Mrs. Lipphard brought the will with her to the office of one of the attesting witnesses for the purpose of execution, and after its execution took it away with her, and at her death it appeared in the…
2Cases cited5 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Stevens v. VancleveU.S. Circuit Court for the District of New Jersey · 1822
- Taylor v. CreswellCourt of Appeals of Maryland · 1876
- King v. . KinseySupreme Court of North Carolina · 1876
3Cited by11 opinions
- In Re Rowland's EstateSouth Dakota Supreme Court · 1945
- Richardson v. RichardsMassachusetts Supreme Judicial Court · 1917
- Montague v. StreetNorth Dakota Supreme Court · 1930
- In re Proving the Last Will & Testament of KentAppellate Division of the Supreme Court of the State of New York · 1915
- In Re Riedlinger's WillNew Mexico Supreme Court · 1935
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