Estate of Abel v. Hitt
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District of* the State of Nevada, Elko County; George S. Brown, Judge. Proceeding by W. T. Hitt to probate the will of Mary Abel. From a judgment in favor of J. D. Abel, contestant, denying the probate, proponent appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Fourth Judicial District of* the State of Nevada, Elko County; George S. Brown, Judge. Proceeding by W. T. Hitt to probate the will of Mary Abel. From a judgment in favor of J. D. Abel, contestant, denying the probate, proponent appeals. The facts sufficiently appear in the opinion. I. Whatever the influences were in this case, they did not affect or ehange Mrs. Abel’s purpose.' If the influence was not strong enough to overcome her purpose and destroy her free agency, there is no undue influence within the meaning of the law. (In re Hess’s Will, 31 Am.…
1Opinion of the Court
By the Court,
Sweeney, J.:
This is an appeal from a judgment and order denying a motion for a new trial rendered in the District Court of the Fourth Judicial District of the State of Nevada, in and for the County of Elko, in a will contest wherein W. T. Hitt, proponent and executor of the estate of Mary Abel, deceased, was successfully sued by J. D. Abel, contestant and respondent in this action.
It appears from the record that Mary Abel died on or about the 13th day of March, 1904, at Elko, Nevada, leaving an estate in said county consisting of real and personal property. At the time of her…
2Cases cited22 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Harp v. ParrIllinois Supreme Court · 1897
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- Smith v. HenlineIllinois Supreme Court · 1898
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
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3Cited by5 opinions
- Caraveo v. PerezNevada Supreme Court · 2013
- Wainwright v. Bartlett, JudgeNevada Supreme Court · 1928
- In re the Estate of HegartyNevada Supreme Court · 1923
- Thompson v. Tonopah Lumber Co.Nevada Supreme Court · 1914
- In re Estate of BethuremNevada Supreme Court · 2013