Clark v. Turner
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. See opinion for statement of the case. Proponents had a right, after having shown that a will was left by testator and that it had been lost, stolen, or destroyed, to prove its contents by offering what purports to be a copy, to show that it is a copy, and to have the same probated.
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Error from the district court of Lancaster county. Tried below before Hall, J. See opinion for statement of the case. Proponents had a right, after having shown that a will was left by testator and that it had been lost, stolen, or destroyed, to prove its contents by offering what purports to be a copy, to show that it is a copy, and to have the same probated. (In re Page, 118 Ill., 576; 1 Redfield,. Wills, 349; Davis v. Sigourney, 8 Met. [Mass.], 487; Crowley v. Crowley, 80 Ill., 469; Jackson v. Yickory, 1 Wend. [N. Y.], 406; Dan v. Brown, 4 Cow. [N. Y.], 483; Doran v. Mullen, 78 Ill1., 342;…
1Opinion of the Court
Irvine, C.
John J. Turner was an elderly citizen of the city of Lincoln, blessed with a pious disposition and a considerable quantity of this world’s goods. He died March 1, 1890, leaving him surviving two sons, William J. Turner and R. Morris Turner. Some time after his death William M. Clark and Nahum S. Scott propounded for probate what purported to be a copy of John J. Turner’s last will and testament, it being alleged that said will had been deposited in a valise belonging to the testator, which, after his death, had been delivered to his sons, and that thereafter it was claimed that the…
2Cases cited8 opinions
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- In re PageIllinois Supreme Court · 1886
- In Matter of the Estate of Lambie v. McMillan (Mich. 10-2-1893)Michigan Supreme Court · 1893
- Seebrock v. FedawaNebraska Supreme Court · 1891
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3Cited by37 opinions
- Williams v. MilesNebraska Supreme Court · 1903
- Luis v. MuhrbackOregon Supreme Court · 1907
- Goodale v. MurraySupreme Court of Iowa · 1940
- Giles v. GilesMassachusetts Supreme Judicial Court · 1910
- In Re CalefNew Jersey Superior Court Appellate Division · 1931
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