In re Hackett's Estate v. Hackett
South Dakota Supreme Court
Appeal from Circuit Court, Clay County. Hon. Robert B. Tripp, Judge. Application for the probate of the will of Jane Hackett. From a judgment for contestants, Elmer E. Blackett and others, and from an order denying a new trial, Eugene Hackett appeals. The testimony is entirely uncontradicted, and shows a strong and rational mind.
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Appeal from Circuit Court, Clay County. Hon. Robert B. Tripp, Judge. Application for the probate of the will of Jane Hackett. From a judgment for contestants, Elmer E. Blackett and others, and from an order denying a new trial, Eugene Hackett appeals. The testimony is entirely uncontradicted, and shows a strong and rational mind. All the testimony submitted 'by contestants is weak, for the reason that all the witnesses are directly interested in the result of the suit, except Carl Rasmussen, and he had been the hired man of one of the contestant’s witnesses; and for the further reason that…
1Opinion of the CourtMcCOY, J.
This -action involves the contest of the will of one Jane Hackett, who died October, 1911, 'having theretofore, on the 8th day of September, 1908, made w'hat purported to be her last will and testament. When this will was -offered for probate certain of 'her children and heirs and devisees under said will appeared and entered written objections, and contested the probate of said will upon the ground, among others, that at the time of the execution of said will said Jane Hackett was not of sound mind, and was- not -competent to malee a last will and testament. *212The county court, after hearing,…
2Cases cited5 opinions
- Shaw v. ShawSouth Dakota Supreme Court · 1911
- Auld v. CathroNorth Dakota Supreme Court · 1910
- Paulus v. ReedSupreme Court of Iowa · 1903
- Oxford v. HopsonSupreme Court of Arkansas · 1904
- Davis v. DavisSouth Dakota Supreme Court · 1912
3Cited by8 opinions
- In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
- Johnson v. ShaverSouth Dakota Supreme Court · 1919
- Laby v. ThompsonSouth Dakota Supreme Court · 1975
- In Re Estate of AndersSouth Dakota Supreme Court · 1975
- Bilby v. StewartSupreme Court of Oklahoma · 1915
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