Johnson v. Shaver
South Dakota Supreme Court
Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. In the matter of the estate of James Golder, deceased. The county court by order admitted will to probate, upon appeal from which order by contestants the circuit court affirmed the order.
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Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. In the matter of the estate of James Golder, deceased. The county court by order admitted will to probate, upon appeal from which order by contestants the circuit court affirmed the order. After reversal by the .Supreme Court upon appeal from said order, (37 S. D. 397, 158 N. W. 734), the circuit court made findings that decedent was at time he executed the will, of sound and disposing mind and not acting under undue influence; from the judgment entered upon such findings, and admitting the will to probate, and from an…
1Concurring in part, dissenting in partSmith, P. J.
I regret that, the exigencies of the conclusion reached seem to make it necessary in this case to ignore a rule long established and well understood by the profession in this state. In Spackman v. Gross, 25 S. D. 244, 126 N. W. 389, this court held that a review of the finding of a trial court authorized by Code Civil Procedure, § 463, is not a trial de novo on the evidence, but is restricted by the rule that the credibility of the.witnesses is for the trial court; and, unless the finding is against the evidence, taking the credibility as. found by the trial court, the finding will not be…
2Cases cited4 opinions
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- Gingles v. Savings BankSouth Dakota Supreme Court · 1914
- Watt v. AylwardSouth Dakota Supreme Court · 1914
- Township of Blooming Valley v. BronsonSouth Dakota Supreme Court · 1912