Mooney v. Olsen
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Olsen, against Mooney and another, to set aside the will of Lydia Foster, who died July 8, 1876. Trial by a jury, at the March Term, 1877, of the district court, and verdict against the will. The defendants below filed their motion for a new trial, which was overruled, and judgment rendered in favor of the plaintiff Olsen, upon the verdict of the jury. Defendants bring the case here.
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Error from Leavenworth District Court. Action brought by Olsen, against Mooney and another, to set aside the will of Lydia Foster, who died July 8, 1876. Trial by a jury, at the March Term, 1877, of the district court, and verdict against the will. The defendants below filed their motion for a new trial, which was overruled, and judgment rendered in favor of the plaintiff Olsen, upon the verdict of the jury. Defendants bring the case here. Other facts are stated in the opinion. Undue influence to avoid a will must be an influence exercised by coercion, imposition or fraud; not merely such as…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Action to set aside a will; trial by a jury, and verdict against the will. The first matter which we shall notice is the alleged error in the admission of testimony. The will was challenged on the ground of undue influence, as well as on the ground that the decedent, at the time of its execution, was not of sound mind and memory. It appeared that the decedent was taken sick July 3d, and died on the :8th; that Dennis Mooney and Mrs. Mary McCarthy, the principal devisees and legatees under the will, were in attendance upon her during most of…
Also in this document: Concurrence.
2Cases cited6 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Hayes v. WestIndiana Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Ginter v. GinterSupreme Court of Kansas · 1909
- State v. RicheyWest Virginia Supreme Court · 1982
- Miller v. LivingstoneUtah Supreme Court · 1906
- Patterson v. LambCourt of Appeals of Texas · 1899
26 more not listed; retrieve them via the Exa API.