Milton v. Hunter
Court of Appeals of Kentucky
Case 23 — PROBATING WILL APPEAL EROM BULLITT CIRCUIT COURT. 1. The first evidence of capacity to make a will to be considered, and that to which great weight should be given, is the will itself.
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Case 23 — PROBATING WILL APPEAL EROM BULLITT CIRCUIT COURT. 1. The first evidence of capacity to make a will to be considered, and that to which great weight should be given, is the will itself. (Reed’p Will, 2 B. Mon. 80; McMeeldn v. McMeekin, 2 Bush, 80.) 2. As to what influences may induce or control the making of a will without invalidating it, see 4 Met. 174; and Broaddus v. Broaddus, 10 Bush, 304.) 3. The action of the circuit court in admitting evidence as to the statements of one of the principal legatees, in reference to the capacity of the testator, made before the making of the…
1Opinion of the CourtChief Justice Lindsay
A paper, purporting to be the last will and testament of Presley Milton, deceased, was admitted to probate by the county court of Nelson County. Certain of his heirs-at-law prosecuted an appeal from the order of probate to the circuit court, and then applied for and had the venue changed to the Bullitt Circuit, where a trial of the issue of will or no will was had. The trial resulted in a verdict and judgment against the validity of the paper, and the propounders have prosecuted an appeal to this court.
The principal issue is as to the competency of the deceased to dispose of his estate by…
2Cases cited2 opinions
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
- Singleton v. SingletonCourt of Appeals of Kentucky · 1839
3Cited by22 opinions
- Martin v. McAdamsTexas Supreme Court · 1894
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Watson's Exr. v. WatsonCourt of Appeals of Kentucky · 1909
- Phillips' ex'r v. Phillips' adm'rCourt of Appeals of Kentucky · 1883
- Hayes v. BurkamIndiana Supreme Court · 1879
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