Legal Opinion

Wise v. Foote

Court of Appeals of Kentucky

Decided February 5, 1883PublishedCited by 36 opinions

Case 2 — ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. There was a studied, persistent effort, by all the other parties, by every means, fair or foul, to deprive appellant, James S. Wise, of any interest in the estate of his grandfather. 2. Many questions asked of witnesses are leading. 3. It was error to deprive appellant of the testimony of C. D. Foote, husband of Mary Foote, one of the appellees. 4. Instruction No. 3 is erroneous.

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Case 2 — ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. There was a studied, persistent effort, by all the other parties, by every means, fair or foul, to deprive appellant, James S. Wise, of any interest in the estate of his grandfather. 2. Many questions asked of witnesses are leading. 3. It was error to deprive appellant of the testimony of C. D. Foote, husband of Mary Foote, one of the appellees. 4. Instruction No. 3 is erroneous. It makes the test of the capacity of Arnold to depend upon his knowledge of what he was doing at the time he made the erasures, excluding from the jury all…

1Opinion of the CourtChief Justice Hargis

The appellant Wise was one of several contestants of the will of James G. Arnold, which was probated by the county court, and, on an appeal to the circuit court, again sustained.

The testator bequeathed $10,000 each to his grandchildren except two, whom he omitted, and devised the residuary of his estate to his own children.

The grounds on which the probate was opposed were incapacity and undue influence, and many questions relative to the competency of witnesses and the relevancy of testimony were raised in the trial of those issues, and are presented by the numerous and comprehensive…

2Cited by36 opinions

  1. Cecil's Executors v. AnhierCourt of Appeals of Kentucky · 1917
  2. Langford's v. MilesCourt of Appeals of Kentucky · 1920
  3. Dunbar v. MeadowsCourt of Appeals of Kentucky · 1915
  4. Gay v. GayCourt of Appeals of Kentucky · 1919
  5. Woodward Iron Co. v. SpencerSupreme Court of Alabama · 1915

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