Legal Opinion

Hoerth v. Zable

Court of Appeals of Kentucky

Decided October 31, 1891PublishedCited by 4 opinions

Case 39 — CONTESTED WILL APPEAL PROM JEPPERSON COURT OP COMMON PLEAS. 1. It was error to instruct the jury that the testimony of an attesting witness that the testator was not competent to make a will, should be received with great caution. (Stokes v. Shippen, 13 Bush, 180; Bohlsen v. Bohlsen, 5 Ky. Law Rep., 613; Ogden v. Ogden, 6 Ky. Law Rep., 310; Becker v. Crow, 7 Bush, 204; Bowman v. Bartlett, 3 Mar., 98; Sullivan v. Bnders, 3 Dana, 66; Blair v. Pollock, LRt.

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Case 39 — CONTESTED WILL APPEAL PROM JEPPERSON COURT OP COMMON PLEAS. 1. It was error to instruct the jury that the testimony of an attesting witness that the testator was not competent to make a will, should be received with great caution. (Stokes v. Shippen, 13 Bush, 180; Bohlsen v. Bohlsen, 5 Ky. Law Rep., 613; Ogden v. Ogden, 6 Ky. Law Rep., 310; Becker v. Crow, 7 Bush, 204; Bowman v. Bartlett, 3 Mar., 98; Sullivan v. Bnders, 3 Dana, 66; Blair v. Pollock, LRt. Select Cases, 208; Reed v. Greathouse, 7 Mon., 560; Letton v. Young, 2 Met., 565; Smith v. Commonwealth, 9 Ky. Law Rep., 1006;…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion or the court.

John Hoerth died testate on the 8th of February, 1889. He made his will the day before his death, which was admitted to probate by the Jefferson County Court, the county of John Iloerth’s residence. He devised all his estate, valued at about $5,000, to the appellee, ¥m. J. Zable, in trust for his youngest child, the appellee Nick Hoerth, who was about fifteen years old; and he excluded his' four other children from any interest in his estate, ■except the sum of five dollars each, and they contested .the probate of the will on the ground of undue…

2Cases cited1 opinion

  1. McMeekin v. McMeekinCourt of Appeals of Kentucky · 1867

3Cited by4 opinions

  1. Helm's Guardian v. NeatheryCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Baldwin v. CookCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Allgeyer v. Allgeyer's ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1932
  4. Bohlsen v. BohlsenCourt of Appeals of Kentucky · 1884

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