Welsh v. Fleming
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. Louis L. Flerger, Judge. w In the matter of the Estate of Patrick Fleming, deceased. Sarah E. 'Welsh and others, having" contested the probate of decedent’s will, before a jury, findings and judgment were in favor of its validity. From the judgment admitting will to probate, ¡Sarah E. Welsh and others appeal. (i) To point one of the opinion, Appellants cited: Sec. 359, Prob. Code, Laws 1917, 'Ch. 182; Clough v. Clough, 10 Colo.
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Appeal from Circuit Court, Moody County. Hon. Louis L. Flerger, Judge. w In the matter of the Estate of Patrick Fleming, deceased. Sarah E. 'Welsh and others, having" contested the probate of decedent’s will, before a jury, findings and judgment were in favor of its validity. From the judgment admitting will to probate, ¡Sarah E. Welsh and others appeal. (i) To point one of the opinion, Appellants cited: Sec. 359, Prob. Code, Laws 1917, 'Ch. 182; Clough v. Clough, 10 Colo. App. 433, 51 Pac. 513; Estate of Benton, 131 Cal. 472, 63 Pac. 775; Humpfner v. Osborne, 2 S. D. 310, 50 N. W. 88.…
1Opinion of the CourtMcCOY, J.
This is an appeal from, the judgment of the circuit court of Moody county admitting to probate the will of *196one Patrick Fleming, deceased. Appellants contested the probate of said will upon the- following grounds: (i) That it was not signed, executed, or attested as required by law; (2) lack of sound and disposing mind and memory on the part of testator; (3) undhe influence exercised by one Francis Fleming; (4)1 that if said alleged will was ever effective it was revoked by the testator before his death by certain conveyances of all the property covered by said will. In accordance with- the…
2Cases cited2 opinions
- Wankowski v. Crivitz Pulp & Paper Co.Wisconsin Supreme Court · 1908
- Bauer v. RichterWisconsin Supreme Court · 1899
3Cited by1 opinion
- Allied Mutual Casualty Co. v. Milbank Mutual InsuranceSouth Dakota Supreme Court · 1964