Johnson v. Shaver
South Dakota Supreme Court
Appeal from Circuit -Court, Tripp County. Ho.n. Wiiajam, WlWVIAMSON, Judge. Will contest by Ellen Johnson and Marguerite Colder, against. Jean Shaver and Theodore Smith. The instrument having been admitted fo probate in the County Court, contestants appealed to-the Circuit Court. From a judgment there admitting the will to probate, contestants appeal. (1) To "point one of the opinion, Appellants cited1: Jones-Cy.
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Appeal from Circuit -Court, Tripp County. Ho.n. Wiiajam, WlWVIAMSON, Judge. Will contest by Ellen Johnson and Marguerite Colder, against. Jean Shaver and Theodore Smith. The instrument having been admitted fo probate in the County Court, contestants appealed to-the Circuit Court. From a judgment there admitting the will to probate, contestants appeal. (1) To "point one of the opinion, Appellants cited1: Jones-Cy. Ev. sec. 792, Blue Book, p. 872; AYitte v. Koeppen, 79 N. W-832 (S. D.) Shatter v. Bmnstead, 99 Mass. 112 and Throckmor-ton v. Holt, 180 U. S. 552; 21 Encyclopaedia of Evidence, pp.…
1Opinion of the CourtWhiting, J.
Appeal from a judgment of the circuit court admitting a will to probate. The sole issue presented is whether decedent was, at the time of executing- the will, .possessed of testamentary capacity.
[1] Upon this question, the protestants, heirs at law of •deceased, sought to introduce their own testimony as well as that ■of two physicians who attended1 testator at about the time of the •execution of the will. The testimony of protestants was excluded upon the ground, that it was inadmissible under section 486, C. C. P., that of the physicians on the ground' that it was inadmissable under section…
2Cases cited7 opinions
- In re Estate of FlintCalifornia Supreme Court · 1893
- In re the Estate of JosephCalifornia Supreme Court · 1897
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
- Grimshaw v. KentSupreme Court of Kansas · 1903
- Starkweather v. BellSouth Dakota Supreme Court · 1899
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3Cited by4 opinions
- Hogue v. MassaSouth Dakota Supreme Court · 1963
- Commercial & Savings Bank v. CarlonSouth Dakota Supreme Court · 1925
- In Re Estate of MummSupreme Court of Minnesota · 1929
- Higgs v. BigelowSouth Dakota Supreme Court · 1917