Harvey v. Sullens
Supreme Court of Missouri
Appeal from SI. Louis Circuit Court. A gift to an agent will be upheld if intelligently and freely made. (Nesbit v. Lockman, 34 N. Y. 167; same principle in Harris v. Tremenheero, 15 Yes. Ch. 38, 39.) The most that can be claimed from the authorities is that when a confidential relation exists between the testator and beneficiary under the will, the onus of proving that the will wras intelligently and freely made, rests upon the party claiming under it.
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Appeal from SI. Louis Circuit Court. A gift to an agent will be upheld if intelligently and freely made. (Nesbit v. Lockman, 34 N. Y. 167; same principle in Harris v. Tremenheero, 15 Yes. Ch. 38, 39.) The most that can be claimed from the authorities is that when a confidential relation exists between the testator and beneficiary under the will, the onus of proving that the will wras intelligently and freely made, rests upon the party claiming under it. (Kinne v. Kinne, 9 Conn. 102; St. Leger’s Appeal, 34 Conn. 434, 442.) I. If an attorney, trustee, or agent of a testator, writes his will…
1Opinion of the CourtWagNJER, Judge
This case is brought here by appeal to review a judgment of reversal rendered in the general term of the St. Louis Circuit Court. The proceeding was commenced under the statute to set aside the will of Elizabeth Sip, which was admitted to probate in St. Louis county on the first day of December, 1864. The„will bears date the 24th day of November, 1864, and devises to Sullens all the real estate of which the testatrix died seized, and bequeaths to five grandchildren and one great-grandchild small bequests — $100 to each of her granddaughters, and $100 and her clothes to her sister, Mrs. Maria…
2Cases cited2 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Coleman v. Robertson's ExecutorsSupreme Court of Alabama · 1849
3Cited by18 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Gay v. GillilantSupreme Court of Missouri · 1887
- In Re Will of Amelia EverettSupreme Court of North Carolina · 1910
- Doyle v. RodyCourt of Appeals of Maryland · 1942
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