Snodgrass v. Smith
Supreme Court of Colorado
Appeal from the District Court of Teller County, Hon. Wm. P. Seeds, Judge. Proceedings for tire probate of the will of Jennie Billingsley, deceased, by Mattie Snodgrass, named as executrix- therein, in which James Clarence Billingsley appeared as contestant, continued after his death by Curtis J. Smith, administrator. Prom a judgment refusing probate, proponent appeals.
1Opinion of the CourtJustice Campbell
In a will contest in the district court, upon an appeal from the county court, the parties are entitled to have the issues tried by a jury. This, however, does not mean that the court in every case must submit the issues of fact'to a jury. On the contrary, the court has the same power in will contests to direct a verdict as in ordinary civil actions, subject likewise to the same limitations. The question, therefore, whether the court committed error in directing the jury to return a verdict in favor of the contestant is to be determined by the rules applicable in *63ordinary civil actions. —…
2Cases cited12 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- In re the Estate of ShapterSupreme Court of Colorado · 1906
- In re the Estate of ShellSupreme Court of Colorado · 1900
- Purdy v. HallIllinois Supreme Court · 1890
- Robinson v. BrewsterIllinois Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Graham v. CourtrightSupreme Court of Iowa · 1917
- McCarty v. WeatherlySupreme Court of Oklahoma · 1922
- Estate of Keeley v. OchsSupreme Court of Minnesota · 1926
- In re Estate of CareySupreme Court of Colorado · 1913
- In re Estate of HayesSupreme Court of Colorado · 1913
10 more not listed; retrieve them via the Exa API.