Cole v. McClure
Ohio Supreme Court
Error to the Circuit Court of Darke county. May 20, 1911, the probate court of Darke county established and admitted to probate the will of Henry M. Cole, deceased, upon the application of Elmer Cole, John Cole; William Cole and Geo. W. McClure, who alleged that. the. original will had been lost or destroyed.
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Error to the Circuit Court of Darke county. May 20, 1911, the probate court of Darke county established and admitted to probate the will of Henry M. Cole, deceased, upon the application of Elmer Cole, John Cole; William Cole and Geo. W. McClure, who alleged that. the. original will had been lost or destroyed. The court found that in August, 1904, Henry M. Cole did execute a last will in the mode provided by law, and that he was then of sound mind and memory, but that he became insane in the latter part of the year 1907; that the will became lost or destroyed after the said Henry became insane…
1Opinion of the CourtWilkin, J.
The grounds of reversal assigned in plaintiff’s brief are: (1) The verdict and judgments below are contrary to law, (2) admissions of incompetent testimony, (3) refusal to give certain instructions of law to the jury, and (4) errors in the general charge.
The first assignment challenges the sufficiency of the evidence produced at the trial, to establish a lost or destroyed will. ' While this court is not required to weigh the evidence in a case on error, and ordinarily will not do so, yet where relief is sought that can be afforded only upon clear and convincing proof, it will do so for the…
2Cases cited7 opinions
- Clark v. TurnerNebraska Supreme Court · 1897
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- In re WillSupreme Court of Connecticut · 1873
- Baines v. Ullmann, Lewis & Co.Texas Supreme Court · 1888
- Chisholm's Heirs v. BenCourt of Appeals of Kentucky · 1847
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