Legal Opinion

Miller v. Livingston

Utah Supreme Court

Decided June 28, 1909No. 1996PublishedCited by 5 opinions

Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Margaret'Miller and others against Elizabeth Livingston, as administratrix of Margaret Miller, deceased, and individually, and others. Judgment for plaintiff. Defendants appeal. appellant's points.

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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Margaret'Miller and others against Elizabeth Livingston, as administratrix of Margaret Miller, deceased, and individually, and others. Judgment for plaintiff. Defendants appeal. appellant's points. A will which is solely the result of kindness and good nature, showing themselves in acts of attention and services on the part of the beneficiary towards the testator in caring for him or in attending to his needs in sickness or in health is not procured by undue influence . . . There can be nothing improper or…

1Opinion of the Court

STKATJP, O. J.

This action was brought to revoke a will alleged to have been made under undue influence. The case is here on a second appeal. A statement of the facts and the opinion *232of tbe court on the first appeal are found in 31 Utah 415, 88 Pac. 338. On the second trial the case was tried to the court and a jury. All the evidence produced at the first trial was produced on the second trial. The evidence which, on the first appeal, was held improperly excluded, was admitted on the retrial. Additional evidence was also1 adduced, but it in the main was only cumulative to that adduced on the…

2Cases cited1 opinion

  1. Miller v. LivingstoneUtah Supreme Court · 1906

3Cited by5 opinions

  1. State v. SharbonoMontana Supreme Court · 1977
  2. Atwood v. AtwoodSupreme Court of Connecticut · 1911
  3. Grieve v. HowardUtah Supreme Court · 1919
  4. Carroll v. StateCourt of Criminal Appeals of Oklahoma · 1932
  5. Arnovitz v. TellaUtah Supreme Court · 1972

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