McDaniel ad. v. Crosby
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Hon. A. A. Stitii, Circuit Judge. We set out with the proposition, that to overthrow a will, for fraud or undue influence on the part of a legatee, or insanity of the testator, the burden of proof is on those attacking such will, and the strongest possible evidence is always required; the courts cannot presume at all; and doubly strong is the proof required to be when the proceedings are had at law.
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Appeal from Hempstead Circuit Court. Hon. A. A. Stitii, Circuit Judge. We set out with the proposition, that to overthrow a will, for fraud or undue influence on the part of a legatee, or insanity of the testator, the burden of proof is on those attacking such will, and the strongest possible evidence is always required; the courts cannot presume at all; and doubly strong is the proof required to be when the proceedings are had at law. Dew vs. Clark, 5 Russ. 163; Cartwright vs. Cartwright, 1 Phil. 100; Jackson vs. King, 4 Cowen 207; Stevens vs. Van Cleve, 4 Wash. C. C. R. 262; Jackson ex.…
1Opinion of the CourtJustice Hanly
This was a petition brought by Daniel P. Crosby and others, heirs of Joseph R. Crosby, deceased, against James McDaniel, as administrator of Richard H. Finn, deceased, and the widow and heirs of Finn, to the June term, 1856, of the Hempstead Circuit Court, to set aside and hold for nought a certain instrument of writing, proved up before the Court of Probate of that county, as the last will and testament of the above named Joseph R. Crosby, and duly recorded as such.. The petition states, in substance, that the petitioners are the sole and only heirs at law and distributees of Joseph R.…
2Cases cited4 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Alguire v. CommonwealthCourt of Appeals of Kentucky · 1843
3Cited by33 opinions
- Noland v. NolandSupreme Court of Arkansas · 1997
- Greenwood v. WilsonSupreme Court of Arkansas · 1979
- Orr v. LoveSupreme Court of Arkansas · 1955
- Hiler v. CudeSupreme Court of Arkansas · 1970
- Pyle v. SayersSupreme Court of Arkansas · 2001
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