 But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending its execution are consistent with the hypothesis of its having been obtained by undue influence. It must be shown that they are...  Reports of Cases in the Supreme Court of Nebraska - Page 285by Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1913 - 794 pages
...to control, in the absence of affirmative evidence that it was exercised, are not sufficient. " It is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis." Boyse v. Rossborough, 6 HL Gas. 2. The facts proven by complainant are not sufficient, in our opinion,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1885 - 744 pages
...not only be consistent with the hypothesis of the will having been obtained by undue influence, but it must be shown that they are inconsistent with a contrary hypothesis. And the facts and circumstances must be such that when all the evidence is considered, the jury can say... | |
 | Law - 1857 - 818 pages
...executed under undue influence is on the party who alleges it And it is not sufficient far such party to show that the circumstances attending its execution...with the hypothesis of its having been obtained by un/lue influence ; but it must be shown that they are incunsistenl ic/M a contrary hypothesis. Tkere... | |
 | Richard Thomas Walkem - Executors and examinators - 1873 - 580 pages
...probable objects of his bounty. (1) " But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...with the hypothesis of its having been obtained by indue influence ; it mn?t be shown that they are inconsistent with a contrary hypothesis. Can it be... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1919 - 688 pages
...free agent. ' In order to set aside the will of a person of sound mind, ' observes Lord Cranworth, 'it is not sufficient to show that the circumstances attending...are inconsistent with a contrary hypothesis.' And the same holds true where positive fraud or force is the ground of objection. For a testator adjudged... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - Executors and administrators - 1877 - 902 pages
...is cerhis lordship thus proceeded : " In order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis. The undue influence must be an influence exercised in a relation to the will itself, not an influence... | |
 | Thomas Jarman - Wills - 1880 - 908 pages
...in the case, after which he says : "But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis. * * The undue influence must be an influence exercised in relation to the will itself, not an influence... | |
 | John Hoff Stewart - Equity - 1883 - 750 pages
...chancellor in Boyse v. Rossborouyh, 6 H. of L. 2, 51, " to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis." To the same effect was the charge of Judge Grier in Turner v. Hand (Meeker Will Case), 3 Wall. Jr.... | |
 | Theodore Frelinghuysen Cornell Demarest - Law reports, digests, etc - 1883 - 698 pages
...the will of a person of sound mind, it is not sufficient to show that the circumstances attending the execution are consistent with the hypothesis of its...they are inconsistent with a contrary hypothesis." As a preliminary to such consideration, it becomes necessary to determine whether the paper called... | |
 | William Williamson Kerr - Fraud - 1883 - 640 pages
...6 HL circumstances attending its execution are consistent with the Cb*p. V. hypothesis that it was obtained by undue influence, it must — be shown...that they are inconsistent with a contrary hypothesis (p). A distinction exists between the influence which is held to be undue in the case of transactions... | |
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