Mercer's Adm'r v. Mackin
Court of Appeals of Kentucky
Case 3 — WILL CASE APPEAL FROM MARION CIRCUIT COURT. 1. “No will shall be valid unless it be in writing,” etc. (Sec. 5, chap. 113, Gen. Stat.) 2. The execution or contents of a will can not be proved by proving the declarations of the testator. (Fowler v. Fowler, 3 Pr. Wins. 353; Lea v. Polk County Copper Company, 21 How. 493; Wharton on Ev. 992; Sugden v, Lord St. Leonard’s, 1 Prob. Div. Law Rep'. 227; Doe v. Hiscocks, 5 M. & W. 363; Doe v. Palmer, 6 Eng.
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Case 3 — WILL CASE APPEAL FROM MARION CIRCUIT COURT. 1. “No will shall be valid unless it be in writing,” etc. (Sec. 5, chap. 113, Gen. Stat.) 2. The execution or contents of a will can not be proved by proving the declarations of the testator. (Fowler v. Fowler, 3 Pr. Wins. 353; Lea v. Polk County Copper Company, 21 How. 493; Wharton on Ev. 992; Sugden v, Lord St. Leonard’s, 1 Prob. Div. Law Rep'. 227; Doe v. Hiscocks, 5 M. & W. 363; Doe v. Palmer, 6 Eng. Law & Eq. 155; 2 Swaby & Tristain’s Rep. 326; Grayson v. Wilkinson, Dick’s Rep. 158; 1 Greenleaf on Ev., secs. 86, 88, 96.) Oral evidence…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
Felix Mercer died in May, 1876, domiciled in Marion County. He was never married, but was the father of four natural children whom he recognized as his, three of whom, with their mother, resided with him on his farm near Lebanon. His eldest child, by another mother, was married in 1858 contrary to his wishes, and an estrangement existed between them for some years, but he had become reconciled to her long before his death.
Claiming that he had left a holograph will, but being unable to produce it, his married daughter Mrs. Mackin, and the mother of…
2Cases cited2 opinions
- Steele v. PriceCourt of Appeals of Kentucky · 1844
- Chisholm's Heirs v. BenCourt of Appeals of Kentucky · 1847
3Cited by14 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- In Re Will of HedgepethSupreme Court of North Carolina · 1909
- Stevens v. HopeMichigan Supreme Court · 1883
- Allen v. Lovell's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1946
- Ferguson v. BillupsCourt of Appeals of Kentucky (pre-1976) · 1932
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