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· 12/17/1918

Clark v. McFarland

Citations

  • 99 Ohio St. (N.S.) 100

Syllabus

<p>Will contest — Scintilla rule applies, when — Motion to direct verdict.</p> <p>1. In proceedings in, contest of a last will and testament, a motion to direct a verdict in behalf of the proponents of the will, at the close of the evidence of the contestants, must he overruled by the court, if some evidence has been offered in support of the issues involved.</p> <p>2. The scintilla rule of evidence is to he applied in such proceedings, as in the ordinary jury trial of a civil action.</p>

Judges: Johnson, Jones, Matthias, Newman, Nichols, Wanamaker

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