Wall's Exr. v. Dimmet
Court of Appeals of Kentucky
Appeal from Mason Circuit Court James P. Harbeson, Circuit Judge. From a decree sustaining a contest by Lydia. E. Dimmett and others, the executor and others appeal— POINTS AND AUTHORITIES. 1. Where a will is-, contested solely on the ground of undue influence and there is no evidence that such influence was exerted, and was -effective, this court will order the will to he probated. (Broaddus v. Broaddus, 10 Bush 299; Bush v. Lisle, 89 Ky. 393; Sanders v. Blakely, 21 Ky.
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Appeal from Mason Circuit Court James P. Harbeson, Circuit Judge. From a decree sustaining a contest by Lydia. E. Dimmett and others, the executor and others appeal— POINTS AND AUTHORITIES. 1. Where a will is-, contested solely on the ground of undue influence and there is no evidence that such influence was exerted, and was -effective, this court will order the will to he probated. (Broaddus v. Broaddus, 10 Bush 299; Bush v. Lisle, 89 Ky. 393; Sanders v. Blakely, 21 Ky. Law Rep. 1321.) 2. The facts that the children of the draftsman of a will took a benefit under it, and that the testatrix…
1Opinion of the Court
*750Opinion op the Court by
Judge Passing
Reversing
This is a contest over the will of Mrs. Elizabeth A. Wall, who died in 1898. The ground upon which the contest is based is the undue influence which was exerted over the testatrix by her husband, Dr. Wall. The case has been three, times tried in the circuit court, and upon each of the trials a verdict was returned by the jury against the will. Twice the case has been appealed to this court and reversed, and, following the last reversal, the trial and judgment upon which this appeal is based was had, and it is here the third time for review.
It is…
2Cases cited4 opinions
- Commonwealth v. SappCourt of Appeals of Kentucky · 1890
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1893
- Ross v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1892
3Cited by2 opinions
- Wilkes' Administrator v. WilkesSupreme Court of Virginia · 1914
- Wall's Exor. v. DimmittCourt of Appeals of Kentucky · 1911