Auld v. Cathro
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Honorable Chas. F. Templeton, J. 1 Action by Robert Auld and Bertha Johanna McGaffney against F. W. Cathro, Laura M. Dana, and Gertrude G. Dana. From an order denying a motion for a new trial, contestants appeal. Undue influence is to be measured with regard to the mental and physical condition of the person influenced. Woerner, Am. Law of Administration, 48; Dunaway v. Smoot, 23 Ky.
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Appeal from District Court, Bottineau county; Honorable Chas. F. Templeton, J. 1 Action by Robert Auld and Bertha Johanna McGaffney against F. W. Cathro, Laura M. Dana, and Gertrude G. Dana. From an order denying a motion for a new trial, contestants appeal. Undue influence is to be measured with regard to the mental and physical condition of the person influenced. Woerner, Am. Law of Administration, 48; Dunaway v. Smoot, 23 Ky. L. Rep. 2289, 67 S. W. 62; Juzan v. Toulmin, 9 Ala. 663, 44 Am. Dec. 448; Lingle v. Lingle, 121 Iowa, 133, 96 N. W. 708; Woodbury v. Woodbury, 141 Mass. 329, 55 Am.…
1Opinion of the CourtCarmody, J.
This litigation arose in the county court of Bottineau county, and involves the validity of the last will of one Mary Auld, deceased. Plaintiffs and appellants, Robert Auld and Bertha Johanna McGaffney, were respectively the husband and sister of said deceased. Defendant and respondent Cathro is the executor named in said last will. Defendants Laura M. and Gertrude G. Dana are two of the legatees named in said will. Respondent Cathro filed in such county court a petition praying for the probate of such will. Appellants filed written objections to admitting said will to probate, in which they…
2Cases cited47 opinions
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Fraser v. JennisonMichigan Supreme Court · 1879
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
42 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- Lembke v. UnkeNorth Dakota Supreme Court · 1969
- Davidson v. Unknown Heirs of PetersonNorth Dakota Supreme Court · 1912
- Stark v. Heart River Irrigation DistrictNorth Dakota Supreme Court · 1951
- Shornick v. ShornickArizona Supreme Court · 1923
14 more not listed; retrieve them via the Exa API.