Legal Opinion

Belledin v. Gooley

Indiana Supreme Court

Decided May 28, 1901No. 19,390PublishedCited by 8 opinions

Erom St. Joseph Circuit Court; Lucius Hubbard, Judge. Action by Laura S. Belledin against David Gooley to contest the will of Lewis Gooley on the ground that the wife of David Gooley was not a competent witness to the execution of the will. Erom the ruling of the court on demurrer to the complaint, plaintiff appeals.

1Opinion of the CourtMonks, C. J.

Lewis Gooley by his last, will gave all his. property, real and personal, remaining after the payment of his debts and funeral expenses, to his brother, David Gooley. Said will was “attested and subscribed” by two witnesses, one the attorney who wrote the will, and the other Lidy Gooley, the wife of David Gooley who was the sole beneficiary under said will.

Appellant brought this action to contest said will on the ground that the wife of David Gooley was not a competent witness to the same.

*50A demurrer for want of facts was sustained to each paragraph, and this ruling of the court is assigned…

2Cases cited11 opinions

  1. Staser v. HoganIndiana Supreme Court · 1889
  2. McDonald v. McDonaldIndiana Supreme Court · 1895
  3. Burkhart v. GladishIndiana Supreme Court · 1890
  4. Lamb v. LambIndiana Supreme Court · 1886
  5. Stevens v. LeonardIndiana Supreme Court · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Wiley v. GordonIndiana Supreme Court · 1914
  2. Hiatt v. McColleyIndiana Supreme Court · 1908
  3. Pfaffenberger v. PfaffenbergerIndiana Supreme Court · 1920
  4. Kaufman v. MurrayIndiana Supreme Court · 1914
  5. Kennedy v. KennedyIndiana Supreme Court · 1922

3 more not listed; retrieve them via the Exa API.

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