Barnes v. Phillips
Indiana Supreme Court
From Probate Court of Marion County (719); Frank B. Ross, Judge. Action by Mary Phillips and others against Andrew J. Barnes, executor of the last will and testament of Thomas Nock, deceased, and others. From a judgment for plaintiffs, the defendants appeal.
1Opinion of the CourtMorris, C. J.
Suit by appellees to contest, after probate, 'the will and a codicil thereto, of Thomas Nock, deceased, because of alleged unsoundness of mind, and undue influence. There was a trial by jury, which found both will and codicil invalid. Appellants rely, for reversal of judgment, on alleged errors in the giving and refusal to give to the jury of certain instructions. The testator was a native of England and, with his wife, came to Indianapolis in 1870, where they subsequently lived. *416They had no children. Mrs. Nock died intestate in 1906, and testator died in 1911. When Mrs. Nock died her nearest…
2Cases cited3 opinions
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- Breadheft v. ClevelandIndiana Supreme Court · 1915
- Manship v. StewartIndiana Supreme Court · 1914
3Cited by5 opinions
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