Chaney v. Coulter

Citations

• 35 Ohio C.C. Dec. 481
• 29 Ohio C.C. (n.s.) 177

Syllabus

<p>WILLS</p> <p>1. Scrivener, Executor, Cross-Examined in Will Contest.</p> <p>In an action to contest a will the scrivener may be called for cross-examination, where he is the executor under the will and is made hy the issues raised to appear as an adverse party.</p> <p>2. Will on Different Sizes and Grades of Paper Presumed in Accordance with Instructions.</p> <p>The presumption that the will was drawn in accordance with instructions given hy the testator is sufficient to overcome the objection that it is written on pieces of paper of different sizes and grade, where the explanation offered for so doing indicates it was done innocently and not for any fraudulent purpose.</p> <p>3. Declarations of Testator Before and after Execution not Admissible on Issue of Forgery.</p> <p>While testimony as to declarations made by the testator before and after execution of the will may be competent on the question of testamentary capacity, such is not the case on an issue of forgery, and the admission of such testimony in a case where that issue has been raised is not cured by the giving of a special charge to the effect that, if the jury find the will was executed on the date specified, it would not matter what the testator may have said on other occasions as to his intention and all such declarations with respect thereto should be disregarded, if the objectionable testimony was not withdrawn from the jury in a manner which could not have been misunderstood by them and no direction was given them not to consider it except as implied in said charge.</p> <p>4. Failure to Instruct Prima Facie Effect of Probate, Error.</p> <p>Failure of the trial court in its charge to the jury to distinctly state and emphasize the effect of the order probating the will, or the statutory provision makes such probate prim a facie evidence of its attestation, execution or validity, constitutes prejudicial error.</p> <p>5. Failure to Define Prima Facie Evidence, Held Error.</p> <p>It is also prejudici