Legal Opinion

Kennedy v. Walcutt

Ohio Supreme Court

Decided March 21, 1928No. 20747PublishedCited by 75 opinions

1Opinion of the CourtDay, J.

Several grounds of alleged error are urged as reasons- for reversal of this judgment:

■ First. Upon the question whether the plaintiff, Susie Kathryn Walcutt, had the right to bring this action to contest the will of Claudius M. Kennedy, deceased, we are of opinion that it is well established that persons who are beneficiaries in a will have such a direct pecuniary interest as entitles them to contest another alleged will of the same testator which would destroy or reduce their share in his estate if such other alleged will should ultimately control.

It is provided by Section 12079, General…

2Cases cited26 opinions

  1. McDonald v. McDonaldIndiana Supreme Court · 1895
  2. In Re Estate of BakerCalifornia Supreme Court · 1917
  3. In re the Probate of the Will of PinneySupreme Court of Minnesota · 1880
  4. Dower v. ChurchWest Virginia Supreme Court · 1882
  5. Watson's Exr. v. WatsonCourt of Appeals of Kentucky · 1909

21 more not listed; retrieve them via the Exa API.

3Cited by75 opinions

  1. State v. StumpfOhio Supreme Court · 1987
  2. Krischbaum v. DillonOhio Supreme Court · 1991
  3. State v. MyersOhio Supreme Court · 1971
  4. Estate of ArbuckleCalifornia Court of Appeal · 1950
  5. Adamson v. May Co.Ohio Court of Appeals · 1982

70 more not listed; retrieve them via the Exa API.

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