Irwin v. Jacques
Ohio Supreme Court
Error to the Circuit Court of Muskingum county.. One of the defendants in error, Metta Elma Jacques, commenced an action in the court of common pleas against the plaintiffs in error and others, contesting the will of Henry Irwin, who died on .the fourteenth day of February, 1901. The instrument purporting to be the will bears date November 4. 1898, and it was presented for probate in the probate court of Muskingum county on the twenty-third day of February, 1901, and it was…
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Error to the Circuit Court of Muskingum county.. One of the defendants in error, Metta Elma Jacques, commenced an action in the court of common pleas against the plaintiffs in error and others, contesting the will of Henry Irwin, who died on .the fourteenth day of February, 1901. The instrument purporting to be the will bears date November 4. 1898, and it was presented for probate in the probate court of Muskingum county on the twenty-third day of February, 1901, and it was admitted to probate on the ninth day of March, 1901. Letters testamentary were issued thereon to Dr. Lewis H. Marshall,…
1Opinion of the CourtPrice, J.
We are not required in this case to ascertain the intention of the testator in making the will before us, nor to construe its provisions, but to determine whether it was executed according to law. The undisputed testimony shows, and counsel for the parties agree, that it was the intention of Henry Irwin to make the marginal clause found on the sixth or last page, a part of that instrument. As appears from the intended facsimile in our statement of the case, the body of .the alleged will was written on the. horizontal lines of the pages,, but leaving, at least on the sixth or last page, a…
2Cases cited5 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- Henigan v. ErvinCalifornia Supreme Court · 1895
- State ex rel. Hartshorn v. WalkerOhio Supreme Court · 1848