Bramel v. Bramel
Court of Appeals of Kentucky
Case 11 — WILL CONTEST 1. The first instruction was erroneous and misleading, and calculated to confuse the jury by submitting an issue to them which the court afterwards passed upon. It left to the jury to pass upon the question whether the two witnesses to the will were credible witnesses or not, and thereby the idea was suggested to the jury that if these two witnesses testified that the decedent was of sound mind they must, if they were credible witnesses, so find.
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Case 11 — WILL CONTEST 1. The first instruction was erroneous and misleading, and calculated to confuse the jury by submitting an issue to them which the court afterwards passed upon. It left to the jury to pass upon the question whether the two witnesses to the will were credible witnesses or not, and thereby the idea was suggested to the jury that if these two witnesses testified that the decedent was of sound mind they must, if they were credible witnesses, so find. Ward v. Whipps, 16 Ky. L. R., 403; Fuller v. Fuller, 83 Ky., 345. 2. By instruction number one the jury was told to find for…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
This is an appeal from a judgment of the Mason Circuit Court establishing a paper executed by John Bramel as his last will. He died in March, 1891, in the seventy-ninth year of his age. Although illiterate, he appears, from the evidence in the case, to have been a strong-minded, active and successful man of business, and at the time of his death he and his brother, Turner Bramel, had accumulated a considerable fortune. He had never been married, but for the last forty years of his life had lived with his brother, Turner, whose wife, Martha,…
2Cases cited6 opinions
- Wise v. FooteCourt of Appeals of Kentucky · 1883
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Milton v. HunterCourt of Appeals of Kentucky · 1877
- Johnson v. StiversCourt of Appeals of Kentucky · 1893
- Fee v. TaylorCourt of Appeals of Kentucky · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Langford's v. MilesCourt of Appeals of Kentucky · 1920
- McDowell v. Edwards' AdministratorCourt of Appeals of Kentucky · 1913
- Irvine v. GreenwayCourt of Appeals of Kentucky (pre-1976) · 1927
- Henning v. StevensonCourt of Appeals of Kentucky · 1904
- Woodford v. BucknerCourt of Appeals of Kentucky · 1901
7 more not listed; retrieve them via the Exa API.