174 Ind. 670 | Ind. | 1910
Appellant filed his complaint July 3, 1907, making appellees Samuel K. Taylor, who is his brother, and the executor, defendants, to set aside and revoke the probate of the will of his mother, on the grounds of her uh-soundness of mind, and undue influence exerted over her in the execution of her will.
The sole error presented is upon overruling the motion for a new trial.
There are well-considered cases holding', as wholly inadmissible, a record of adjudication, after a period as short as two years subsequent to the execution of the instrument, as only fixing a status as of the date of the adjudication. Howes v. Colburn, supra; Entwistle v. Meikle (1899), 180 Ill. 9, 54 N. E. 217; Rhoads v. Fuller (1897), 139 Mo. 179, 40 S. W. 760; Chase v. Spencer (1907), 150 Mich. 99, 113 N. W. 578; Knox v. Haug (1892), 48 Minn. 58, 50 N. W. 934; In re Pinney’s Will (1880), 27 Minn. 280, 6 N. W. 791; Hopson v. Boyd (1845), 45 Ky. 296; Shirley v. Taylor’s Heirs (1844), 44 Ky. 99; Page, Wills §402.
A party may put his hypothetical ease as he claims it to he proved, or within reasonable inferences from the evidence, and the jury determines whether it is sufficiently supported by the evidence to be of any value. Louisville, etc., R. Co. v. Wood, supra; Deig v. Morehead, supra; Louisville, etc., R. Co. v. Falvey, supra; Goodwin v. State (1884), 96 Ind. 550; Grand Lodge, etc., v. Wieting (1897), 168 Ill. 408,
We have, not been able to perceive any ground of objection to the proceedings or judgment to be well taken, and the judgment is affirmed.