Ward v. Ward
Court of Appeals of Kentucky
Case ll&wkey;WILL CONTEST APPEAL PROM DAVIESS CIRCUIT COURT. 1. The paper in dispute was dated November 22, 1891, and Daniel Ward, the testator, died January, 1894, at the age of eighty-nine years.
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Case ll&wkey;WILL CONTEST APPEAL PROM DAVIESS CIRCUIT COURT. 1. The paper in dispute was dated November 22, 1891, and Daniel Ward, the testator, died January, 1894, at the age of eighty-nine years. If it becomes necessary for the court to pass upon the question of Daniel Ward’s capacity to make a will, and the question of undue influence, the testimony of the witnesses should be carefully consulted. 2. Appellants’ first contention is the paper in dispute is not a testamentary document. (a.) The paper vests a present estate in the grantees; it devests the grantor or devisor of his right to the…
1Opinion of the Court
JUDGE WHITE
delivebiíd the opinion of the coubt.
In January, 1894, Daniel Ward died in Daviess county. After his death the appellees produced and offered for probate in the county court a paper purporting to be the last will and testament of said decedent. By the order and judgment of the county court the paper was probated as the will of Daniel Ward, and appellants prosecuted an appeal to the circuit court.. That court, upon trial' had, adjudged the paper to be the will of Daniel Ward, and from that judgment this appeal is taken.
The paper in contest reads:
“In the name of God, Amen. I, Daniel…
2Cases cited4 opinions
- Cover v. StemCourt of Appeals of Maryland · 1887
- Hazleton v. ReedSupreme Court of Kansas · 1891
- Carlton v. CameronTexas Supreme Court · 1880
- Beebe v. McKenzieOregon Supreme Court · 1890
3Cited by11 opinions
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Plymale v. KeeneMontana Supreme Court · 1926
- Limbach v. BolinCourt of Appeals of Kentucky · 1916
- Morrison v. BartlettCourt of Appeals of Kentucky · 1912
- Siter v. HallCourt of Appeals of Kentucky (pre-1976) · 1927
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