Legal Opinion

Hight v. Carr

Indiana Supreme Court

Decided June 2, 1916No. 22,766PublishedCited by 8 opinions

From Steuben Circuit Court; Frank M. Powers, Judge. Action by Arthur G. Hight against Arthur E. Carr. From a ruling on demurrers to answers overruled in part and sustained in part, plaintiff appeals, and defendant takes a cross-appeal.

1Opinion of the CourtSpencer, J.

— The assignments of error and cross-errors in this case challenge the rulings of the trial court on separate demurrers to the second, third and fourth paragraphs of appellee’s answer to appellant’s complaint. The latter pleading alleges, in substance, that the pretended last will and testament of appellant’s grandmother, Caroline E. Carr, is invalid and of no force and effect for the reasons: (1) That its execution was obtained by undue influence; and (2) that the testatrix was at the time of unsound mind. The prayer is that the instrument be adjudged invalid and that its probate be set…

2Cases cited10 opinions

  1. Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
  2. McAdams v. BaileyIndiana Supreme Court · 1907
  3. East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
  4. McClure v. RabenIndiana Supreme Court · 1890
  5. Starkey v. StarkeyIndiana Supreme Court · 1906

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3Cited by8 opinions

  1. Matter of Estate of PalamaraIndiana Court of Appeals · 1987
  2. Mason Metals Co. v. Indiana Department of State RevenueIndiana Tax Court · 1992
  3. Long v. NealIndiana Supreme Court · 1921
  4. Buckel v. AuerIndiana Court of Appeals · 1918
  5. In Re Estate of YeleyIndiana Court of Appeals · 2011

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