Miller v. Livingstone
Utah Supreme Court
Appeal from District Court, Third District; C. W. Morse, Judge. Action by Margaret Miller and others against Elizabeth Livingston, as administratrix of Margaret Miller, deceased, and individually. From a judgment for defendant, plaintiffs appeal. appellant's poiNts.
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Appeal from District Court, Third District; C. W. Morse, Judge. Action by Margaret Miller and others against Elizabeth Livingston, as administratrix of Margaret Miller, deceased, and individually. From a judgment for defendant, plaintiffs appeal. appellant's poiNts. A circumstance to be considered was tbe confidential relation existing between the testator and devisee, and also> the unnaturalness and injustice of disinheriting his children whom he loved and always calculated to provide for. Such circumstances and others that appear from the testimony, throw the burden upon the proponents. (29…
1Opinion of the CourtSteaup, J.
1. This is an action brought to revoke a will alleged to have been executed by Thomas Miller, deceased, under undue influence. Mr. Miller was married twice. He lived with his first wife in Scotland and in New York, by whom he had five children. His wife died in 1885. In the same year he married his second wife, Margaret Miller, who theretofore had been an acquaintance o'f his in Scotland, and who-, at the' time of the marriage, was a resident of Utah, where she lived with a former husband, but from whom she was divorced just prior to her marriage with Miller. Mr. Miller and his second wife…
2Cases cited27 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Williams v. MilesNebraska Supreme Court · 1903
- Wilson v. McConnachieCalifornia Supreme Court · 1897
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
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3Cited by41 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- In Re Swan's EstateUtah Supreme Court · 1956
- Graham v. CourtrightSupreme Court of Iowa · 1917
- In re Young's EstateUtah Supreme Court · 1908
- Piercy v. PiercyCalifornia Court of Appeal · 1912
36 more not listed; retrieve them via the Exa API.