In re the Probate of the Will of Layman
Supreme Court of Minnesota
From a judgment of the probate court of Hennepin county, ad. mitting an instrument to probate as the last will of Martin Layman, deceased, the contestant, Lizzie Haley, a grand-daughter of the testator, appealed, on questions of law and fact, to the district court for the same county, where issues were framed and were tried before Young, J., and a jury. The verdict was in favor of the will, a new trial was refused, and the contestant appealed.
1Opinion of the CourtCollins, J.
But two questions are presented for our consideration upon this appeal: First. Did the trial court err in admitting certain testimony of the witness Laing, objected to by the contestant on the ground that it was incompetent and inadmissible, by reason of Gen. St. *3721878 c. 73, § 10 ? Second. Did the court err in charging the jury that the burden of proof was upon the contestant, and that she must show by a preponderance of testimony the loss or absence of the mental capacity required by statute to make a will ?
The principal question in this case seems to have been as to the sanity of the…
2Cases cited4 opinions
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
- In re the Probate of the Will of PinneySupreme Court of Minnesota · 1880
- Groll v. TowerSupreme Court of Missouri · 1884
- Pickett v. PickettSupreme Court of Minnesota · 1880
3Cited by38 opinions
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Lembke v. UnkeNorth Dakota Supreme Court · 1969
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Winters v. WintersSupreme Court of Iowa · 1897
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
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