Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-05-04
IMPORTANT OPINION
Delivered BY Judge Bartch, In the
Probate Court, Yesterday Afternoon.
KRAMER WILL DENIED PROBATE.


In the ease OF the Kramer will con
test, Judge Bsrtch delivered the fol
lowing important opinion, In the Pro
late court yesterday:
Territory Of Utah, County OF Salt Lake
In the Probate court In and for Sal
Lake county. In tho mat or Of III,
estate OF samuel Kramer. deceased.
In this case Sherman Kramer, brother
Of dccca.sd, filod n petition on the 3rJ day
Of March, 1891, for tho probate of u cor
tain document purporting 10 be the la-
will and testament OF samuel Kramer,
deceased, and ahcr setting out the usual
Jurlsdictional facts, alleges that tho value
dent arc n. follows: -Four certificates oi
life policies In tho Northwestern Masonic
Aid Association Of Chicago numbered,
designated and valued a. follows, VIZ"
Giving tho aggregate value nj stO,OO.
Petition further alleges "that the estate
and effects Tor or In respect 81 which the
probate Of the will hereinafter mentioned
" hereinafter applied for does not exceed
the sum u $1,000" that dcccasod len u
will bearing date ~ the 9TH day OF No.
vombcr, 1870. that petitioner believes
same 10 be the last win aud testament "
tho deceased; that Or. I. y. cohn IL named
executor therein that the subscribing
witnesses 10 said will ar. Monheim
schwartz and Samuel Jacobson that tho
NEXT Of kin and devisccs aud heirs.ai. Law
81 the tesiator are Esthar Kramer. aged
thfse and one-balf years. residing at Salt
lake City. Utah. and Zemaoh Kramer,
aged hhy-four years; fredericka kramer,
aged forty-hvo years. Herman Kramer
aged twenty seven, solomon Kramer,
aged twenty. Leopold Kramer, aged four.
teen years, nil residing at Scssmackon
Kirkland. Russia, Sherman kramer, the
petitioner, aged twrnty-thrcc aud one
half years, residing In Utah, that nj tho
time OF the execution OF said will the tos.
tafor was Of tho age OF twcnty.elght and
onc.hnlf years, Of sound aud disposlng
mind, and not acting under restrain;
duress, menace. fraud, or undue lnfiu
rncc, or fraudulent misrepresentation,
aud In cyory respect competent, by last
will, 10 dispose or his estate, that Alice J.
krnincr Ii tho widow OF said deceased
and Il aged twcnty-four years. and resides
In Salt Lake City.
on tho 7ih day OF March, 1891, Alice J.
Kramer, widow, n Aforesaid, filed petit
ion .conte.iing tho admission 10 probate
81 III" said will, aud assigned tho follow.
Ing grounds;
~. That the said alleged will was not
signed aud executed by tho said Samuel
Kramer, dcccascd.
~. That nj the time the said alloved
Will Is claimed To have been executed The
said Samuel Kramer was not OF sound or
dispo-ing mind, and was not competent
10 dispose Of his property.
"a. That at tho tiino tho alleged will |.
claimed 10 havo boon executed the said
samuel kmmer was acting undor undue
influence, maud, and fraudulent mlsrep.
resentations of sherman kramer. Samuel
jacobson aud l. u. Cohn."
Section MI, Vol. =, Compiled Laws OF
Utah, lsss, provides that "Eyery person
over the Ago OF eighteen years, Of sound
mind, may, by last will, dispose ~ all hi.
estate. real aud Personal cic. Soc. aBIs,
ID, provides that "a will. or part OF q
wiz, procured 10 10 made by duro-s.
menac-, fraud, or undue Influence. may
be deniot probate; aud revocation, pro.
cured by the Same means, may io 10.
clated void" soc .d5l, IA, prnvIdes
how will must Ia executed. II viii be
seen that II tho allegations set OUT In pro. |
pononra petition are sustained by ihe |
evidence 10 the casc. the Said will must be |
held valid and admitted 10 probate even
n9ugh is provisions may DO unconscinn. |
able, m against the faulty OF Tho do.
ceased. Tho burden Of proof 10 SatIsn, |
the mind aud conscience Of tho conrt nv
70 TIM truth OF said allegations II on Inc |
proponont. -" '''
Dciaield w. Parish, 25, n. Y.a
heaiold on Wills, VOL !, page 80 and
Jspman on wills, vol. /, PIP. OF to 90.
The contestant among other point.
raises aquc.tion m 10 tho mental canarl,y
of the ioslaior at the time of m,lln,,
aud executing tho will. The legal IRE,
sumption u that every man i co,apo,
mcafis, aud the oaus prnbatuH il an lin,
VINO alleges mo contrary 10 show that nm |
unnatural state OF mind existed In Tho
testator. So '"'
Delnfield w. Parrish, supra.
. inete ApiuArH 10 DO no question M In
the lurisdictional facts In The case., and mn
examination Of tho evidence reveals mo-
sonillc, rs TO the following licts, Thai
sanlu,i kramer, the alleged te-tltnr, and
rasr ~ nIAlher, the contestant, had beon
married for period Of live years, thaf M
ne Time Of tho death Of DECEASED ihs,
nau resided ~ salt Lake City about Nj ree
.oai,i mat ihoy lived happily together,
thAt fAthrr Kramer, MENTIONED In nronn
henls petition, Il the child of de,e.I.J
Ahn ms said wlfoi that there was NO aim
sulty or Misunderstanding between hns.
n3ahu Miu WE prior 10 the tlmc OF his Ia,
. s.nus,i wat prior To said last Illness ,le.
.t,.. - IL ""ANFha 70 make pTONl- /
sion loi hls ihnilyi that he did maxi, pro.
i, ,"n lor tnem by procuring tho liza
nlsn,rlhce policies mentioned n pronon
,htH p.llilon, and giving said polield, "a
~ WHO nor a birthday present, ths,
deceased was talSon lick on or nhont ill.,
it,h DAY ofOctobor, 1880; that nfnr hn ,Ya.
hhen sick he directed his wifo Ia ra,, ~
p,umluni on said policies, AMI .ossn,aJ
pleased hhor she had done 80, ih,,
aoppllehce with tho wish OF the deeeassJ
We VIE called In DR.. II. A, Ha.bron.r
~ W" iUh day ~ October lsQO IN,
~, liashrouck attended tho deceased ~,
" wy evening OF the 8rd day of Nornm,
VT lntui aud saw him on tho an 49,
NnNomhor, aud was ON frleniis, ~ VI
N Smn nuil tha' deceased wa. suflering
"n phoii lever and pneumonia nni
~, ~, WI. sM,ed On aud cared Tor him nm
w w an day of Nuvembor. anJ ~
Hnlhs aud anxious 10 do - aitor,sariN
naI on ~ sad IN day Of Novn,nber ~
"a y Nohn was called IN at IND inst,na.,
P.upnhunl, and took charge Of iho ,,.
u'n' mat Mrs, Kramer, ND cnnta "
H., upposel 10 this change of phv.ic,ans
Nv ~ vas Mllling In have other phv.i,ia,,
,Svon.ult with DR.. llashronck, tRs, ,',n
49,. wslstsd In wal lag on tho n,ti,',
a., MI we <shd day " October Ia ~, ill.,
M rs uual ~ that said Dr. /, Il. cain 80
dna sie Stranger 10 deceased. Was in,,a
$500, 1911 70 MN on tho said ith dav afNN
hnef, M master Mason ara ~, 10 I
,sa,hv uAy said COIN called mn atp' u on 'ho
NV ni told him that he ,yan, ny. nvN-at,
VI. Kramer druVvn, ~. ,.".'u " Will OF /