Legal Opinion

Terry v. Davenport

Indiana Supreme Court

Decided February 6, 1908No. 20,997PublishedCited by 16 opinions

From Pulaski Circuit Court; John C. Nye, Judge. Will contest by Mary Terry against John A. Davenport and others. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtHadley, J.

Albert Davenport died testate, leaving as his next of bin the children of a deceased brother and the daughter of a deceased sister. He bequeathed to his niece, the daughter of his deceased sister, $10, and the balance of his estate, alleged to be $50,000 in value, to his nephews and niece, the children of his deceased brother. The appellant, Mary Terry, the recipient of the $10 legacy, instituted this suit to contest the validity of her uncle’s will on the grounds (1). of undue execution, and (2) want of testamentary capacity.

The overruling of her motion for a new trial is the only error…

2Cases cited11 opinions

  1. Teegarden v. LewisIndiana Supreme Court · 1895
  2. Gran v. HoustonNebraska Supreme Court · 1895
  3. Chestnut v. Southern Indiana Railway Co.Indiana Supreme Court · 1901
  4. Rapp v. KesterIndiana Supreme Court · 1890
  5. Beatty v. BrummettIndiana Supreme Court · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Davis v. BabbIndiana Supreme Court · 1919
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. O'ConnerIndiana Supreme Court · 1908
  3. Gwinn v. HobbsIndiana Court of Appeals · 1917
  4. Lyon v. Aetna Life Insurance CompanyIndiana Court of Appeals · 1942
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BroderickIndiana Court of Appeals · 1913

11 more not listed; retrieve them via the Exa API.

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