Holton v. Cochran
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -Sow. John A. Blevins, Judge. (1) The prima-facie case, made out by appellant, wa,s never overthrown by any substantial evidence introduced or offered by the respondents.
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Appeal from St. Louis City Circuit Court. — -Sow. John A. Blevins, Judge. (1) The prima-facie case, made out by appellant, wa,s never overthrown by any substantial evidence introduced or offered by the respondents. This court has established as the law of this State, by an unbroken and long line of decisions, that while “it will not weigh conflicting evidence to determine whether the jury found against the weight of the evidence . . . it will examine the record of the evidence in a will ease, to see if there is any substantial evidence to support the verdict.” . Sayre v. Trustees Princeton…
1Opinion of the CourtWoodson, J.
This suit originated in the circuit court of the city of St. Louis, and was instituted to contest the validity of an instrument in writing, purporting to be the last will and testament of Edward K. Holton, deceased, on the grounds: First, that the testator was not of sound mind and disposing memory, and was, for that reason, incapable of making a valid will; second, that the instrument was caused to he executed by the undue and improper influence of his wife, Lillian M. Holton (now Cochran).
*323Said instrument is in words and figures as follows:
“I, Edward K. Holton, of the city of St. Louis,…
2Cases cited12 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Midland Realty Co. v. Kansas City Power & Light Co.Supreme Court of the United States · 1937
- Turner v. AndersonSupreme Court of Missouri · 1911
- Hall v. Mercantile Trust Co.Supreme Court of Missouri · 1933
- Byrne v. FulkersonSupreme Court of Missouri · 1914
22 more not listed; retrieve them via the Exa API.