Lucas v. Cannon
Court of Appeals of Kentucky
Case 21 — APPEAL IN WILL CASE APPEAL from warren circuit court. 1. Undue influence is personal restraint, or fear of personal injury or imprisonment. (2 Met. 445-447.) This case is like Harrel, &c. v. Harrel, &c. (1 Duv. 204) and Broaddus, &c. v. Broaddus, &c. (10 Bush, 299). (See also 2 J. J. Mar. 342; 1 Bush, 116.) 2. None but experts or attesting witnesses can express an opinion as to whether the testator was or not of sound mind and disposing memory.
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Case 21 — APPEAL IN WILL CASE APPEAL from warren circuit court. 1. Undue influence is personal restraint, or fear of personal injury or imprisonment. (2 Met. 445-447.) This case is like Harrel, &c. v. Harrel, &c. (1 Duv. 204) and Broaddus, &c. v. Broaddus, &c. (10 Bush, 299). (See also 2 J. J. Mar. 342; 1 Bush, 116.) 2. None but experts or attesting witnesses can express an opinion as to whether the testator was or not of sound mind and disposing memory. (1 Greenleaf’s Evidence, secs. 440, 690, 691.) 3. Proof of declarations of the testator was erroneously rejected by the lower court. 1.…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion oe the court.
On the 10th day of April, 1873, J. E. Edwards made his last will and testament, and shortly thereafter died. This will was admitted to probate in the Warren County Court, and, after several mistrials in the Warren County Common Pleas Court, a judgment in favor of the will was rendered, which is here for revision by appeal.
After the verdict? and judgment of the court below, the appellants filed their grounds for a new trial, and offered to read the affidavit of one of the jury to prove that the verdict was the result of an agreement that such a…
2Cited by13 opinions
- Smith's Administratrix v. Middlesboro Electric Co.Court of Appeals of Kentucky · 1915
- Gay v. GayCourt of Appeals of Kentucky · 1919
- Nolan Ex Rel. Nolan v. SpearsCourt of Appeals of Kentucky (pre-1976) · 1968
- Irvine v. GreenwayCourt of Appeals of Kentucky (pre-1976) · 1927
- McMurray v. BasnettSupreme Court of Florida · 1882
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