Sherley v. Sherley's ex'r
Court of Appeals of Kentucky
Case 37 — WILL APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The court erred in instructing the jury to “ disregard all the evidence in reference to the ill-will or hatred of the testator towards A. O. Brannin, the maternal grandfather of appellants.” 2. We insist that the unnatural and unaccountable prejudice of the testator against Brannin should have gone to the jury as tending to show incapacity.
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Case 37 — WILL APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The court erred in instructing the jury to “ disregard all the evidence in reference to the ill-will or hatred of the testator towards A. O. Brannin, the maternal grandfather of appellants.” 2. We insist that the unnatural and unaccountable prejudice of the testator against Brannin should have gone to the jury as tending to show incapacity. (Tudor v. Tudor, 17 B. Mon., 314.) 3. The instruction refused by the court confines the proper state of mind to the intellectual state, of mind alone. 4. That the will upon its face is…
1Opinion of the CourtChief Justice Hargis
After the probate, by the county court, of two papers, dated January 7th, 1879, purporting to be the last will and testament of Captain Z. M. Slierley, deceased, on appeal to the court of common pleas, they were sustained as such by the verdict of a jury, and from the judgment on the verdict the contestants appealed.
At the time the papers were signed, the deceased had a wife and three sons living, and one son dead, who left only two children, the contestants in this case. To these grandchildren the contested papers purport to bequeath the sum of $10,000, to be held in trust for twenty years,…
2Cited by10 opinions
- Cecil's Executors v. AnhierCourt of Appeals of Kentucky · 1917
- Langford's v. MilesCourt of Appeals of Kentucky · 1920
- Meuth's v. MeuthCourt of Appeals of Kentucky · 1914
- Bodine v. BodineCourt of Appeals of Kentucky (pre-1976) · 1931
- Johnson v. StiversCourt of Appeals of Kentucky · 1893
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