In re Sinclair's Will
Ohio Supreme Court
This is a petition in error to reverse the judgment of the Court of Common Pleas of Monroe county. The record shows that Mary Sinclair, in her lifetime, made a will; that it was reduced to writing, and by her subscribed, and by two subscribing witnesses properly attested ; that she was of testamentary capacity, and died "without revoking the will; and that it was destroyed in her lifetime, and without her consent or agency; and that a “ true copy, in substance though not in…
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This is a petition in error to reverse the judgment of the Court of Common Pleas of Monroe county. The record shows that Mary Sinclair, in her lifetime, made a will; that it was reduced to writing, and by her subscribed, and by two subscribing witnesses properly attested ; that she was of testamentary capacity, and died "without revoking the will; and that it was destroyed in her lifetime, and without her consent or agency; and that a “ true copy, in substance though not in form,” of said will, was produced to the court below. The common pleas, before which the matter had been taken by appeal…
1Opinion of the CourtJ. R. Swan, J.
In the case of Morningstar v. Selby, 15 Ohio Rep. 345, it *291was held that a court of chancery had no jurisdiction in the establishment of a spoliated will. As to whether such a will could be admitted to probate by the court having jurisdiction of probate and testamentary matters, was by that decision left in doubt. That doubt arose from the fact that the law of 1840 relating to wills, pre-supposes throughout that the testamentary instrument is produced; and the statute makes no provision whatever for the proof of lost or spoliated wills. As the whole subject of proof, and the legal effect of…
2Cited by5 opinions
- Scott v. Interlock. Cord Tire & Belt Co.Ohio Court of Appeals · 1923
- Behrens v. BehrensOhio Supreme Court · 1890
- Cole v. McClureOhio Supreme Court · 1913
- Estate of Johnson, Superior Court of California, County of San Francisco1903
- In re the Estate of JonesCuyahoga County Probate Court · 1895