Legal Opinion

Fuller v. Fuller

Court of Appeals of Kentucky

Decided November 5, 1885PublishedCited by 5 opinions

Case 51 —PROBATE OF WILL — APPEAL PROM CAMPBELL CIRCUIT COURT. 1. "Whether the testator had capacity to “take charge of a large business” was not the test of the testator’s testamentary capacity, and it was misleading to allow the question to be asked. "2. The letters from the testator to his son were incompetent as evidence in the absence of the other part of the correspondence. "3. It was error not to. allow the propounder of the will to testify in chief.

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Case 51 —PROBATE OF WILL — APPEAL PROM CAMPBELL CIRCUIT COURT. 1. "Whether the testator had capacity to “take charge of a large business” was not the test of the testator’s testamentary capacity, and it was misleading to allow the question to be asked. "2. The letters from the testator to his son were incompetent as evidence in the absence of the other part of the correspondence. "3. It was error not to. allow the propounder of the will to testify in chief. Subsection 4 of section 606 of the Civil Code does not apply to the special proceeding of probating a will. (Milton et al. v-Hunter, 13…

1Opinion of the Court

■ JUDGE HOLT

delivered the opinion oe the court.

Wm. F. Fuller died on the 27th day of February, .1881, leaving the appellant, Jane Fuller, as his ■widow, and the appellee, Thomas S. Fuller, whose .mother was a former wife, as his only child. On -January 12, 1881, and during his last illness, he .executed a paper in due form, purporting to be his will, and under which his widow would take his -entire estate of about fifteen thousand dollars. The Campbell County Court, after hearing the testimony, .probated it. The appellee, Thomas S. Fuller, appealed from its judgment, and upon a trial before a…

2Cited by5 opinions

  1. Hiatt v. McColleyIndiana Supreme Court · 1908
  2. In re NobleIllinois Supreme Court · 1888
  3. Johnson v. StiversCourt of Appeals of Kentucky · 1893
  4. Bramel v. BramelCourt of Appeals of Kentucky · 1897
  5. Doyle v. BradyCourt of Appeals of Kentucky · 1916

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