Thompson v. Thompson
Ohio Supreme Court
ERROR to the court of common pleas of Momee county. Reserved in the district court. The original proceeding was instituted by the plaintiffs in error against the defendants in error, in tho court of common pleas of Monroe county, to set asido tho will of William Thompson, on the ground that when he made it he was not of sound mind, and so not capable of making a will. The will contains separate and distinct devises and bequests.
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ERROR to the court of common pleas of Momee county. Reserved in the district court. The original proceeding was instituted by the plaintiffs in error against the defendants in error, in tho court of common pleas of Monroe county, to set asido tho will of William Thompson, on the ground that when he made it he was not of sound mind, and so not capable of making a will. The will contains separate and distinct devises and bequests. Ann Thompson is one of the devisees and legatees, and so are Albert Thompson and Ellenor Hartley devisees and legatees, among others. At the trial of the case in the…
1Opinion of the CourtBbinkeehoiw, J.
The question, whether, in a proceeding to contest the validity of a will, the declarations of a devisee or legatee interested in sustaining the will, as to the mental condition of the tastator, may be given in evidence by the contestants, when there are other devisees or legatees who may be affected by such evidence, has not been authoritatively decided in this state. And in other states, where the question has arisen, the decisions have not been uniform. The first case on the point, of which we are aware, is that of Phelps v. Hartwell, 2 Mass. 71. Erom the report in that case, it does not…
2Cases cited4 opinions
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Boyd v. EbySupreme Court of Pennsylvania · 1839
- Hauberger v. RootSupreme Court of Pennsylvania · 1843
- Prewett v. CoopwoodMississippi Supreme Court · 1855
3Cited by17 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
- O'Connor v. MadisonMichigan Supreme Court · 1893
- Carver v. LouthainIndiana Supreme Court · 1872
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