Legal Opinion

West v. Henry

Ohio Supreme Court

Decided July 5, 1962No. 37178Published

1Per curiam

The appellant makes the following assignment of errors:

1. “The trial court erred in charging the jury on the subject of the testamentary capacity of the testator, there being no testimony or other evidence of testator’s incapacity.”

2. “The trial court erred in charging the jury by misquot*500ing the law of Ohio, to-wit: Ohio Revised Code Sec. 2107.02, with regard to who may make a will.”

3. “The trial court erred in charging the jury that undue influence and mental capacity ‘are not separate questions, that you decide independent of each other. They are so interrelated that your determination of…

2Cases cited2 opinions

  1. Kennedy v. WalcuttOhio Supreme Court · 1928
  2. Van Demark v. Tompkins, Exr.Ohio Supreme Court · 1929

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