U.S. Court of Appeals for the D.C. Circuit, 1951

Harris v. Ricketts

Harris v. Ricketts
U.S. Court of Appeals for the D.C. Circuit · Decided November 1, 1951 · Edgerton, Miller, Washington
193 F.2d 19; 89 U.S. App. D.C. 404; 1951 U.S. App. LEXIS 2853 (Federal Reporter, Second Series)

Harris v. Ricketts

Opinion

PER CURIAM.

In this suit to set aside a will, appellant’s chief contention is that statements *20 of the testator to the effect that he had no relatives were substantial evidence of testamentary incapacity and that the District Court therefore erred in directing a verdict upholding the will. The testator actually had relatives. But in the light of all the testimony we are not prepared to say the court erred in deciding that a jury would not be justified in finding the testator incompetent. The court might well think it clear that he knew of the existence of his relatives and merely adopted a picturesque way of saying that he preferred to ignore them. In our opinion there is no merit in appellant’s other contentions.

Affirmed.

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