Wall v. Dimmitt
Court of Appeals of Kentucky
Case 104 — Proceedings by A. W. Wall and Others to Probate the Will of Elizabeth A. Wall, Deceased, in - which Lydia E. Dimmitt and Others Contest the Validity oe the Will.— Eeb. 24. APPEAL FROM MASON CIRCUIT COURT. Judgment for Contestants and Propounders Appeal. POINTS AND AUTHORITIES. 1. No presumption of undue influence arises from the fac¿ that the draftsmen of a will or his family, is a beneficiary under the will. Notes to In re Hess’s Will, 31 Am.
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Case 104 — Proceedings by A. W. Wall and Others to Probate the Will of Elizabeth A. Wall, Deceased, in - which Lydia E. Dimmitt and Others Contest the Validity oe the Will.— Eeb. 24. APPEAL FROM MASON CIRCUIT COURT. Judgment for Contestants and Propounders Appeal. POINTS AND AUTHORITIES. 1. No presumption of undue influence arises from the fac¿ that the draftsmen of a will or his family, is a beneficiary under the will. Notes to In re Hess’s Will, 31 Am. St. Rep., 683; 1 Underhill on Wills, sec. 137; 1 Jarman on Wills, Bigelow's note, 66. 2. The fact that a testator by his will gives more to…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM —
Reversing.
This is an appeal from a judgment of the Mason circuit court, rendered pursuant to a verdict of a jury, refusing to probate as the last will of Elizabeth A. Wall a testamentary paper duly executed by her on October 31, 1896. *928The will was assailed in the court below on the ground that it was procured by the undue influence of the husband and son of testatrix. Mrs. Wall was at the date of its execution 80 years of age, and her husband was then 88 years old. She died about 18 months later, leaving surviving her, as her heirs at law, her…
2Cases cited5 opinions
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
- Goodbar v. LidikeyIndiana Supreme Court · 1893
- Milton v. HunterCourt of Appeals of Kentucky · 1877
- Rogers v. RogersCourt of Appeals of Kentucky · 1842
- Beall v. CunninghamCourt of Appeals of Kentucky · 1841
3Cited by16 opinions
- Stege v. Stege's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1930
- Atherton v. GaslinCourt of Appeals of Kentucky · 1922
- Golladay v. GolladayCourt of Appeals of Kentucky (pre-1976) · 1955
- Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1935
- Wall's Exor. v. DimmittCourt of Appeals of Kentucky · 1911
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