Payne v. Payne
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. 1. The testimony is sufficient to show that T. L. Payne ■used unfair, improper and undue influence with the testator to induce him to make a will in the interest of himself. 2. The will was not properly executed. Mansf. Dig., ■sec. 6492; 10 Paige, 85; 43 Am.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. 1. The testimony is sufficient to show that T. L. Payne ■used unfair, improper and undue influence with the testator to induce him to make a will in the interest of himself. 2. The will was not properly executed. Mansf. Dig., ■sec. 6492; 10 Paige, 85; 43 Am. Dec., 644; 37 id., 251; 36 N. Y.; 18 N. E. Rep., 433. 1. There is no testimony to warrant a conclusion or even an inference that there was any undue influence exerted by Thomas L. Payne or any one else. But this question was submitted to a jury, and they have found against that…
1Opinion of the CourtHemingway, J.
The appellant contested the probating of the bill of his father, and from a judgment admitting it to probate prosecutes this appeal.
The first ground of hiá contest was that the will was obtained by the undue and improper influence of one of the devisees. The court submitted to the jury the issues arising upon this ground, upon a charge which seems to present a fair enunciation of the law. The learned counsel for the appellant directs our attention to no error of the court in its charge in this respect, either in giving or refusing prayers for instructions. The facts are resolved, by the…
2Cases cited1 opinion
- Murray v. MurphyMississippi Supreme Court · 1860
3Cited by14 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Merrill v. BoalSupreme Court of Rhode Island · 1926
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Mason v. BowenSupreme Court of Arkansas · 1916
- Ferguson v. FergusonSupreme Court of Virginia · 1948
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