Ellis v. Ellis
Court of Appeals of Kentucky
Case 16 — CONTESTED WILL APPEAL PROM MASON CIRCUIT COURT. 1. The Circuit Court has no .power to set aside a verdict and grant a new trial in a will case. Acts 1797; Ky. Stats., sec. 4859; Wills v. Lochnane and Wife, 9 Bush, 647; Pryor v. Mihor, 2 Ky.
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Case 16 — CONTESTED WILL APPEAL PROM MASON CIRCUIT COURT. 1. The Circuit Court has no .power to set aside a verdict and grant a new trial in a will case. Acts 1797; Ky. Stats., sec. 4859; Wills v. Lochnane and Wife, 9 Bush, 647; Pryor v. Mihor, 2 Ky. Law Rep., 255; Maxwell v. Maxwell, 3 Met., 101; Singleton v. Singleton, 8 B. M„ 350. 2. Where a verdict is improperly set aside and a new trial granted, the judgment upon the second verdict should be reversed and the trial court directed to enter judgment upon the verdict improperly set aside. Holmes v. McKinney, 4 Mon., 7; Harrel v. Harrel, 1…
1Opinion of the Court
JUDGE PAYNTER
deuvered the opinion oe the court.
This is a contest over a paper purporting to be the will of Richard Ellis, which was executed on May 5, 1885. It' was probated in the county court. On the first trial in the circuit court, the jury found that the paper was not his will. The court granted a new’ trial, and set aside the verdict. It is insisted that it had no power, under the law, to grant a new trial. Section 4859, Ky Stat., requires all necessary parties to be brought before the court, and it is to try the question unless a jury is demanded, “and the final decision given shall be…
2Cases cited2 opinions
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- Moran's v. MoranCourt of Appeals of Kentucky (pre-1976) · 1930
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