Farrell's Administrator v. Brennan's Administratrix
Supreme Court of Missouri
Error to St. Louis Circuit Cowrt. This was a suit instituted in the St. Louis Circuit Court at the April term, 1850, by William Farrell, to set aside the will of Michael Farrell, plaintiff’s brother, on the ground of mental imbecility and undue influence. The said will was duly proved. The petition made James Brennan, sole devisee under said will, defendant.
Read the full summary
Error to St. Louis Circuit Cowrt. This was a suit instituted in the St. Louis Circuit Court at the April term, 1850, by William Farrell, to set aside the will of Michael Farrell, plaintiff’s brother, on the ground of mental imbecility and undue influence. The said will was duly proved. The petition made James Brennan, sole devisee under said will, defendant. James Cos and Esther his wife, Joseph Larkin and Andrew Larkin — said Esther, Joseph and Andrew being, as was alleged, co-heirs with the plaintiff of the testator — were made co-defendants pursuant to article 3, section .7, of the…
1Opinion of the CourtScott, Judge
We see no warrant in the law for the action of the court; below in abating this suit. The question is not, who are alL the proper parties to the proceeding; but whether there were; any of the proper parties in court when it was abated. The 12th section of the 3d article of the practice act of 1849 enacts that “ suits may be revived in the cases and in the manner and with the effect now provided in article 5 of practice-in chancery, so far as may be consistent with the provisions-of this act.” Now if, as contended for by the defendant in error, this section continues in force the 19th section…
2Cited by2 opinions
- Prior v. KisoSupreme Court of Missouri · 1888
- Chicago, Rock Island & Pacific Railway Co. v. WoodsonMissouri Court of Appeals · 1905