Grieve v. Howard
Utah Supreme Court
Appeal from tbe District Court of Salt Lake County, Third District; Hon. P. G. Evans, Judge. Action by Simon G-rieve, special administrator of tbe estate of Helen R. A. Grieve, deceased, against Mark A. Howard. Judgment dismissing complaint. Plaintiff appeals. APPELLANT’S POINTS.
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Appeal from tbe District Court of Salt Lake County, Third District; Hon. P. G. Evans, Judge. Action by Simon G-rieve, special administrator of tbe estate of Helen R. A. Grieve, deceased, against Mark A. Howard. Judgment dismissing complaint. Plaintiff appeals. APPELLANT’S POINTS. The Court erred in sustaining the objections of defendant’s counsel to the testimony of Simon Grieve as to conversations had with the deceased; or as to matters equally within the knowledge of the witness and said deceased. Miller v. Livingston, 31 Utah, 415. The rule is well settled that a witness cannot be…
1Opinion of the CourtThurman, J.
Plaintiff, as special administrator of the estate of Helen R. A. Grieve, deceased, brought this action to set aside a deed made by his intestate to the defendant. It is alleged in the complaint that deceased at the time of the execution of the deed, February 18, 1916, was eighty-one years of age, feeble in mind and body, had been for many years subject to epileptic fits, and at the time mentioned was nervous, weak, sick, childish, and not of disposing mind, and was unduly influenced and prejudiced against her two sons, plaintiff and John R. Grieve, and also her grandson Frank Howard: that…
2Cases cited28 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Fraser v. JennisonMichigan Supreme Court · 1879
- Renihan v. . DenninNew York Court of Appeals · 1886
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Loder v. . WhelpleyNew York Court of Appeals · 1888
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3Cited by16 opinions
- Lawless v. CalawayCalifornia Supreme Court · 1944
- Sprouse v. MagesIdaho Supreme Court · 1928
- Boyles v. CoraSupreme Court of Iowa · 1942
- Shornick v. ShornickArizona Supreme Court · 1923
- Maxfield v. SainsburyUtah Supreme Court · 1946
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