Carpenter v. Utz
Supreme Court of Virginia
Carpenter and wife filed their bill in the Circuit Court of Madison for the purpose of setting aside the will of Daniel Utz deceased, which had been admitted to pro-bat in that Court.
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Carpenter and wife filed their bill in the Circuit Court of Madison for the purpose of setting aside the will of Daniel Utz deceased, which had been admitted to pro-bat in that Court. They charged that the testator had been very intemperate for a number of years, and both his mind and body had become very much enfeebled: That Daniel Utz jr., the son, and Thornton Utz, the grandson of the testator, the first of whom lived near and the other lived in the house with him, had by undue means and corrupt practices induced the testator to execute the paper when he was mentally incapable of making a…
1Opinion of the CourtAllen, J.
The Court is of opinion, that where it is alleged that error has been committed in excluding proper and relevant testimony from the jury, it is incumbent on the party seeking to reverse a judgment for this cause to shew that error has been committed; and to this end *273the evidence offered and rejected must appear to have been relevant from the statement of the evidence alone; or if the relevancy or irrelevancy of the evidence offered depends upon other facts in the cause, the party alleging the error should present such a case on the record as shews the relevancy of the evidence rejected. The…
2Cited by2 opinions
- Flythe v. CommonwealthSupreme Court of Virginia · 1981
- Scott v. StateCourt of Criminal Appeals of Alabama · 1985