Black v. Black
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action contesting the admission of a purported will to probate. Judgment for plaintiff. If there is any doubt or conflict in the evidence, it arises from a comparison of the handwriting of the proposed will with the voluminous exhibits which are Conceded to have been written by William A¡ Black.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action contesting the admission of a purported will to probate. Judgment for plaintiff. If there is any doubt or conflict in the evidence, it arises from a comparison of the handwriting of the proposed will with the voluminous exhibits which are Conceded to have been written by William A¡ Black. The “substantial evidence” upon which the verdict of the jury must stand or fall exists entirely within the written exhibits and not in the opinions expressed by the witness. “Where a trial…
1Opinion of the CourtBudge, J.
This is an appeal from a judgment of the district' court reversing an order of the probate court of Canyon County by which the purported will of William A.' Black, deceased, had been admitted to probate. The only issue before the district court was whether or not the purported will had been entirely written, dated and signed by the deceased. The case was tried before the court and a jury, the latter returning a verdict that the deceased did not write, date and sign the document in question.
Appellant seeks to bring the case within the rule announced by this court in Roby v. Roby, 10 Ida. 139,…
2Cases cited16 opinions
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Roby v. RobyIdaho Supreme Court · 1904
- Parsons v. WrbleIdaho Supreme Court · 1911
- Spofford v. SpoffordIdaho Supreme Court · 1910
- Village of Sandpoint v. DoyleIdaho Supreme Court · 1908
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3Cited by7 opinions
- State v. SnoderlyIdaho Supreme Court · 1940
- Pioneer Irrigation District v. American Ditch Ass'nIdaho Supreme Court · 1931
- Walling v. WallingIdaho Supreme Court · 1923
- Fruitland State Bank v. LauerIdaho Supreme Court · 1921
- Pickerd v. DahlIdaho Supreme Court · 1942
2 more not listed; retrieve them via the Exa API.