Ashworth v. McNamee

Colorado Court of Appeals

Ashworth v. McNamee

18 Colo. App. 85

CourtColorado Court of Appeals

DecidedSeptember 15, 1902

DocketNo. 2182

StatusPublished

This text of 18 Colo. App. 85 (Ashworth v. McNamee) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashworth v. McNamee, 18 Colo. App. 85 (Colo. Ct. App. 1902).

Pincite

Opinion

Gunter, J.

Probate of a will was granted by the county court and appeal taken therefrom by the contestant to the district court. Upon retrial there contestant offered to prove by witnesses other than those attesting the will ‘ ‘ that the testator was not at the time of executing said will of sound mind and disposing memory. ’ ’ This offer the court refused, and therein erred. The contestant was not limited to the testimony • of .the subscribing witnesses of the will, but was entitled to introduce any competent testimony to the mental capacity of the testator. — In re D’Avignon’s Will, 12 Colo App. 489, 55 Pac. 936.

No opinion is expressed upon the remaining question presented.

Let the judgment be reversed.

Reversed.

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Gunter, J.

Probate of a will was granted by the county court and appeal taken therefrom by the contestant to the district court. Upon retrial there contestant offered to prove by witnesses other than those attesting the will ‘ ‘ that the testator was not at the time of executing said will of sound mind and disposing memory. ’ ’ This offer the court refused, and therein erred. The contestant was not limited to the testimony • of .the subscribing witnesses of the will, but was entitled to introduce any competent testimony to the mental capacity of the testator. — In re D’Avignon’s Will, 12 Colo App. 489, 55 Pac. 936.

No opinion is expressed upon the remaining question presented.

Let the judgment be reversed.

Reversed.

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Bluebook (online)

18 Colo. App. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashworth-v-mcnamee-coloctapp-1902.