Kultz v. Jaeger
District of Columbia Court of Appeals
Hearing on an appeal by tbe caveators from a judgment of tbe Supremo Court of tbe District of Columbia sitting as a probate court, admitting a will to probate after tbe trial of issues before a jury to determine its validity.
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Hearing on an appeal by tbe caveators from a judgment of tbe Supremo Court of tbe District of Columbia sitting as a probate court, admitting a will to probate after tbe trial of issues before a jury to determine its validity. The Court in the opinion stated the facts as follows: This is an appeal from an order admitting to probate a paper writing claimed to be the last will and testament of Hannah Jaeger, deceased, the paper being dated April 21, 1904, and attested by two witnesses. To the contents of the paper thus attested we later refer. Under the direction of the court upon the three…
1Opinion of the CourtJustice McComas
There was no evidence which would have justified the jury in returning a negative answer to the first issue; indeed, there was no evidence that Hannah Jaeger lacked testamentary capacity. The evidence was all the other way, and the declarations of the testatrix were excluded by the court because they were offered upon the issue relating to undue influence only.
The second issue was properly answered in the affirmative. That Hannah Jaeger executed this will was undisputed.
We have substantially stated the testimony which relates to the third issue, — the inquiry whether or not the will was…
2Cases cited6 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- McDonald v. Pittsburgh, Cincinnati, Chicago & St. Louis R'y Co.Indiana Supreme Court · 1896
- Orth v. OrthIndiana Supreme Court · 1895
- Felsenheld v. United StatesSupreme Court of the United States · 1902
- Montgomery v. CraigIndiana Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Estate of HallDistrict Court, District of Columbia · 1971