Estate of Clarke
Citations
- 1 Myrick 259
Syllabus
<p>Bevocation of probate__Petition for. — Demurrer to such petition.—Where THERE IS ONE PROPER ALLEGATION IN A PETITION FOR REVOCATION, AS THAT THE testatrix was not of sound and disposing mind at the date of execution of the supposed will, a general demurrer will be overruled, such allegation being an averment of a fact.</p> <p>But in alleging restraint, undue influence, or fraudulent misrepresentation, the facts constituting the restraint, undue influence, or fraudulent misrepresentation, must be set forth in the pleading.</p> <p>The persons who exercised the improper restraint or influence or made the misrepresentations need not be actually designated in the petition, inasmuch as they may be unknown to petitioner, who may still be aware that the will was a nullity by reason of such circumstances and conduct.</p> <p>Construing sections, O. 0. P., 1312, 1317, 1327, 1329.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It is not an error in judgment, or a mistake upon some abstruse question of medical science, but an abuse of discretionary 10 power, that justifies the courts in interfering with the conduct of the school board.... ”
Source: CourtListener parenthetical corpus (CC0).
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