Thompson v. Thompson
Court of Appeals of Kentucky
Case 4. Pet. Eq. APPEAL FROM CLARKE CIRCUIT. After there had been a jury in the case which could not agree on a verdict, at a subsequent term of the court another jury was sworn to try the issue formed as to the validity of the will of David Thompson, which purported to have been executed on the 81st day of May, 1850, and was proved and ordered to record at the July term of.the Clarke county court, 1850. After each party had introduced their testimony, each party asked of…
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Case 4. Pet. Eq. APPEAL FROM CLARKE CIRCUIT. After there had been a jury in the case which could not agree on a verdict, at a subsequent term of the court another jury was sworn to try the issue formed as to the validity of the will of David Thompson, which purported to have been executed on the 81st day of May, 1850, and was proved and ordered to record at the July term of.the Clarke county court, 1850. After each party had introduced their testimony, each party asked of the court certain instructions in writing, to be given as instructions to the jury. The court declined to give any…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the court:
In this controversy as to the. validity or invalidity of the instrument purporting to be the last will and testament of David Thompson, the court was asked for several instructions by both the plaintiffs and defendants. But the court being of opinion that the preponderance of testimony was so great in favor of the will, declined to consider or to give any of the instructions asked, and instructed the jury peremptorily to find for the will. And the only question which it is necessary to decide is, whether the court was authorized by the…
2Cited by1 opinion
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