Wood v. Carpenter
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Edw. P. Gates, Judge. (1) The trial court, over defendants’ objections, permitted plaintiff to introduce in evidence the acts, declarations and statements of one legatee against the others, upon the theory that they were competent against the persons who made them. The court permitted alleged statements and declarations of one legatee to stand as evidence against the others.
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Appeal from Jackson Circuit Court. — Hon. Edw. P. Gates, Judge. (1) The trial court, over defendants’ objections, permitted plaintiff to introduce in evidence the acts, declarations and statements of one legatee against the others, upon the theory that they were competent against the persons who made them. The court permitted alleged statements and declarations of one legatee to stand as evidence against the others. A will can not be set aside as to one, and sustained as to another. Under our law, as it now stands, all legatees are competent witnesses. The declarations, therefore, made out of…
1Opinion of the CourtMarshall, J.
This is a suit to contest the will of James O. Carpenter. The plaintiff is the daughter of the *475testator, and the defendants’are her mother (the widow of the deceased), and her brothers Oscar A. and James A. Carpenter, and the children of said James A., and the children of her deceased brother, Luther A. Carpenter.
The testator was born in 1812. The will was made on March 3, 1893, when the testator was eighty-one years of age. He died on May 15, 1898.
The will is as follows:
“I, J ames C. Carpenter of Cass county, State of Missouri, being of sound mind and memory, do make and publish this my last…
2Cases cited1 opinion
- Campbell v. CarlisleSupreme Court of Missouri · 1901
3Cited by17 opinions
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Murphy v. NettMontana Supreme Court · 1913
- Patton v. SheltonSupreme Court of Missouri · 1931
- Hines v. HinesSupreme Court of Missouri · 1912
- Southworth v. SouthworthSupreme Court of Missouri · 1903
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