145 Ky. 45
Decided October 20, 1911
Court of Appeals of Kentucky · decided 1911-10-20
<p>1. .Instructions. — An instruction to the jury should not be given upon a ¡question upon ■which there Is no evidence to which the instruction could 'be applied.</p> <p>2. Wills — Insane Aversion — Instruction.—Where a testator was a strong headed, passionate and willful man, and equally unreasonable ¡and exacting ¡with all of his children, an instruction based upon an alleged insane aversion to one of his children, who was a ¡contestant of the wilt, ¡was properly refused by the trial judge.</p> <p>3. Wills — ¡Offer to ¡Compromise. — Where two of ten children ¡offered a brother $1,500.00 of the estate in ¡addition to the share given ¡him by the will, provided he would not join in the contest, but would •help to sustain ¡the will, and the brother to whom1 the proposition was made declined to ¡accept it, and testified as ¡a contestant of the will, the trial judge ¡properly refused to admit the offer of ¡compromise in evidence.</p> <p>4. Instructions. — Where an offered instruction has been ¡substantially given by the court in another instruction, it is not error to refuse to give the ¡duplicate instruction.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1911-10-20
Cited by 7 later decisions — most recently May 1964
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Dissenting opinion by
¶2I dissent for the only reason that the lower court re* fused to allow the proffered contract between Eeuben and Edna Simpson and Arthur Simpson to be read as evidence to the jury. The jury had the right to consider these facts, not that it threw any light on the state of mind of John A.- Simpson, but they had the right to consider it as evincing an intent on the part of the contestees and the length they would go in obtaining evidence to sustain the will.