Bush v. Lisle
Court of Appeals of Kentucky
Case 59 — CONTESTED WILL APPEAL FROM CL^RK CIRCUIT COURT. 1. Although the testator was physically helpless, his mind was as bright as it had ever been. The proof shows clearly his capacity to make a will. (Harper’s Will, 4 Bibb, 274; Eeed’s Will, 2 B. M., 79; Man-pin’s Ex’r v. Woods, 1 Duv., 223; Jones v. Jones, 14 B. M., 374; James v. Langelm, 14 B. M., 198.) Testamentary capacity defined. (Wise, &e., v. Eoote, &c., 81 Ky., 13.) 2. There is no proof of undue influence.
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Case 59 — CONTESTED WILL APPEAL FROM CL^RK CIRCUIT COURT. 1. Although the testator was physically helpless, his mind was as bright as it had ever been. The proof shows clearly his capacity to make a will. (Harper’s Will, 4 Bibb, 274; Eeed’s Will, 2 B. M., 79; Man-pin’s Ex’r v. Woods, 1 Duv., 223; Jones v. Jones, 14 B. M., 374; James v. Langelm, 14 B. M., 198.) Testamentary capacity defined. (Wise, &e., v. Eoote, &c., 81 Ky., 13.) 2. There is no proof of undue influence. Influence obtained by proper persuasion and argument, or by mere appeals to the affections, is not undue influence, in a…
1Opinion of the CourtChief Justice Lewis
This is an appeal from a judgment rendered, on ver-dict of the jury finding a paper dated’October 30, 1876,- and probated in the county court, not to be the true last ■will and testament of F. M. Lisle, who died in Febru-. .ary, 1879, at about the age of fifty-eight years, without -wife or child. He left no parents, his mother having ■died before he did, though subsequent to the date of the paper, those who would have inherited his estate in case of no will being one brother, three sisters, and children of each of four sisters who were dead. But he devised, or attempted to devise, the whole…
2Cited by22 opinions
- Clark v. Young's Extx.Court of Appeals of Kentucky · 1912
- Cecil's Executors v. AnhierCourt of Appeals of Kentucky · 1917
- Dossenbach v. Reidhar's Ex'xCourt of Appeals of Kentucky (pre-1976) · 1932
- Langford's v. MilesCourt of Appeals of Kentucky · 1920
- Rowland v. HoltCourt of Appeals of Kentucky (pre-1976) · 1934
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