Fairbank v. Fairbank
Fairbank v. Fairbank
Opinion of the Court
The opinion of the court was delivered by
Upon full consideration of the petition for a rehearing filed by the appellant the court adheres, to the decision already made. Attention is called, however, to two incorrect statements made in the original opinion. It was there said that there was evidence' that the lawyer who drew Mrs. Fairbank’s will had not previously been acquainted with her. This Should have been written, “had not previously been well acquainted with her.” His testimony was that he had known her “casually for some several years before her death, not more than a passing acquaintance until the matter of this will came up.” The correction is made in order that the statement may be accurate, but the-matter is not regarded as of any considerable importance; the trial court did not find that the lawyer was guilty of any. misconduct, nor is such finding to be implied from the setting aside of the will. In the original opinion it was also stated that there was evidence that Rudolph Fairbank had lived with his mother
The petition for a rehearing is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.