St. Louis Hospital Ass'n v. Williams' Administrator
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. 1. The fifth section of the act of 1845, concerning “Wills,” (R. O. 1845,) required that the witness to this will, who wrote the testator’s name, should have stated that he subscribed the testator’s name at his request; and without that statement, the paper was void as a will. McGee v. Porter, 14 Mo. Rep. 611. The making of a mark was not of itself a sufficient signing.
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Appeal from St. Louis Circuit Court. 1. The fifth section of the act of 1845, concerning “Wills,” (R. O. 1845,) required that the witness to this will, who wrote the testator’s name, should have stated that he subscribed the testator’s name at his request; and without that statement, the paper was void as a will. McGee v. Porter, 14 Mo. Rep. 611. The making of a mark was not of itself a sufficient signing. The law requires that the testators’s name shall appear to the will, and it provides for those cases in which the testator is not able to sign himself, by allowing his signature to be made…
1Opinion of the CourtScott, Judge
This was a proceeding in the Circuit Court of St. Louis county, under the 31st section of the act respecting wills, in order to establish the will of John Williams, which had been offered for probate by the respondent, and been rejected. The *611will was made on the 9th day of June, 1849, and was presented for probate and rejected the 13th day of the same month, in the same year.
The will was authenticated in -this manner :
his
“ John + Williams,”
mark.
and was attested by two subscribing witnesses, as is required by the fourth section of the act concerning wills. Neither of the subscribing witnesses,…
2Cases cited1 opinion
- McGee v. PorterSupreme Court of Missouri · 1851
3Cited by10 opinions
- Scott v. HawkSupreme Court of Iowa · 1898
- Walton v. KendrickSupreme Court of Missouri · 1894
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Nichols v. CarterMissouri Court of Appeals · 1892
- McBride v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1932
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