Stokes's Ex'r v. Shippen
Court of Appeals of Kentucky
Case 26 — PROBATE OF WILL APPEAL PROM SPENCER CIRCUIT COURT. 1. On trial of will or no will the burden of proof is upon the propounders to show that the testator was of sound mind and disposing memory at the time the will was executed and attested, and when this is done the burden is shifted upon the contestants to show that the paper propounded is not the true will of the deceased; that the deceased did not have sufficient capacity; or that he was dominated by another’s…
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Case 26 — PROBATE OF WILL APPEAL PROM SPENCER CIRCUIT COURT. 1. On trial of will or no will the burden of proof is upon the propounders to show that the testator was of sound mind and disposing memory at the time the will was executed and attested, and when this is done the burden is shifted upon the contestants to show that the paper propounded is not the true will of the deceased; that the deceased did not have sufficient capacity; or that he was dominated by another’s will. Proof as to transactions between the deceased and his son-in-law, and as to the value of property involved in those…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
Much of the testimony introduced in this case has no bearing upon the issues involved, and was certainly calculated to mislead the jury. The loss that Shippen, the husband of one of the devisees, sustained by reason of the sale of lumber to Laiville shed no light upon either the question of mental capacity or undue influence.
Stokes sold the lumber as the agent of the son-in-law, and the purchaser becoming embarrassed, made an effort by instituting legal proceedings to recover the debt, and for this reason and for no other it is maintained that…
2Cited by1 opinion
- Flood v. PragoffCourt of Appeals of Kentucky · 1881