In Re Estate of Tom Cone, Jr.
Syllabus
A decedent bequeathed his ownership interest in a corporation to his sister. During the decedent's lifetime, the corporate assets were sold, and the corporation terminated. The decedent's widow petitioned the probate court to construe the will. Among other things, she argued that the decedent's gift to his sister had been adeemed by extinction. The probate court granted the widow summary judgment on this issue. Based on the undisputed facts, we conclude that the gift was adeemed by extinction. So we affirm.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that a new trial is warranted where the juiy “fail[s] to exercise an honest and reasonable judgment in accordance with the controlling principles of the law”
- forceful criticism, based on a “firm belief” that plaintiff was harmful to country, does not demonstrate “improper motive”
- “One of the most common and well recognized grounds in law for the setting aside of a verdict is that it is against the weight of the evi dence” [emphasis added]
- forceful criticism based on a “firm belief’ that plaintiff was harmful to country does not demonstrate “improper motive”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge W. Neal McBrayer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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