Gwin v. Gwin
Idaho Supreme Court
APPEAL from District Court, Cassia County. There must be affirmative evidence of the facts or acts of • undue influence before the declarations of testator are admissible. (Cudney v. Cudney, 68 N. Y. 148; In re Hess’ Will, 48 Minn. 504, 31 Am. St. Rep. 665, 51 N. W. 614.) In the case at bar no facts of undue influence are testified to, therefore'the alleged declarations should have been excluded.
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APPEAL from District Court, Cassia County. There must be affirmative evidence of the facts or acts of • undue influence before the declarations of testator are admissible. (Cudney v. Cudney, 68 N. Y. 148; In re Hess’ Will, 48 Minn. 504, 31 Am. St. Rep. 665, 51 N. W. 614.) In the case at bar no facts of undue influence are testified to, therefore'the alleged declarations should have been excluded. Declarations made after the execution of the will are inadmissible. {Leslie v. McMurtry, 60 Ark. 301, 30 S. W. 33; Mason v. Williams, 53 Hun, 398, 6 N. Y. Supp. 479.) Even if admissible and true, the…
1Opinion of the CourtSullivan, C. J.
A written document purporting to be the last will and testament of Samuel E. Gwin, deceased, by which he bequeathed substantially all of his estate and property to his wife, Minnie Gwin, and appointed her executrix thereof, without bond, was presented to the probate court of Cassia county for probate. Prior to the day set for hearing said matter, Frank P. Gwin, son of the deceased, filed written grounds of opposition to the admission of said will to probate. The grounds of the contest, as set forth in said written opposition or complaint, are as follows: 1. That the deceased, at the time of…
2Cases cited21 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- In re Estate of McDevittCalifornia Supreme Court · 1892
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- Learned v. CastleCalifornia Supreme Court · 1889
- Herwick v. LangfordCalifornia Supreme Court · 1895
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3Cited by17 opinions
- Murphy v. NettMontana Supreme Court · 1911
- Johnson v. ShaverSouth Dakota Supreme Court · 1919
- Doxstater v. Northwest Cities Gas Co.Idaho Supreme Court · 1944
- Hoff v. HoffSupreme Court of Kansas · 1920
- Swaringen v. SwanstromIdaho Supreme Court · 1946
12 more not listed; retrieve them via the Exa API.