Shaw v. Shaw
South Dakota Supreme Court
Appeal from the Circuit Court, Clay County; Hon. R. B. Tripp, Judge. Application for the probate of the -will of William Shaw, in which James Henry Shaw and others filed objections and Retha B. Shaw filed an answer to such objections. From a decree of the circuit court on appeal from the county court admitting the will to probate, contestants appeal.
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Appeal from the Circuit Court, Clay County; Hon. R. B. Tripp, Judge. Application for the probate of the -will of William Shaw, in which James Henry Shaw and others filed objections and Retha B. Shaw filed an answer to such objections. From a decree of the circuit court on appeal from the county court admitting the will to probate, contestants appeal. Contest of a will on the ground that it was obtained by fraud, is not a proceeding of an equitable nature, and courts of equity will not take jurisdiction, Andrew’s American Law, p_. 1084; Bispham’s Principles of Equity, p. 286 sec. 199; Allen v.…
1Opinion of the CourtMcCOY, J.
[1] The will of William Shaw having been offered for probate in the county court of Clay county, the appellants filed their written objections and contest to the probate of said will, alleging various grounds of objection. The respondent made and filed answer to said objection and contest. On the hearing in the county court, decision was in favor of respondent, and an order and decree entered admitting said will to probate, from which said order and decree contestants appealed to the circuit.court. When the cause was brought on for trial in the circuit court, a jury was impaneled to try the…
2Cases cited14 opinions
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- Schmidt v. SchmidtSupreme Court of Minnesota · 1891
- Moody v. FoundIllinois Supreme Court · 1904
- Davis v. DavisMassachusetts Supreme Judicial Court · 1878
- Engle v. YorksSouth Dakota Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bilby v. StewartSupreme Court of Oklahoma · 1915
- Williams v. Stanley County Board of EqualizationSouth Dakota Supreme Court · 1942
- State v. NieuwenhuisSouth Dakota Supreme Court · 1926
- Sam v. SamSupreme Court of Oklahoma · 1935
- State v. WikleSouth Dakota Supreme Court · 1980
17 more not listed; retrieve them via the Exa API.