Myers v. Hauger
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. C. T. G-arner, Special Judge. (1) A jury must first determine, independent of the mental and physical conditions of the testator, the will and its provisions, whether undue influence was in fact used.
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Appeal from Clinton Circuit Court. — Hon. C. T. G-arner, Special Judge. (1) A jury must first determine, independent of the mental and physical conditions of the testator, the will and its provisions, whether undue influence was in fact used. It is only after determining this to their satisfaction that they may look into the mental and physical conditions of the testator, and the provisions of the will to determine whether the undue influence, found to have been used, was used with effect. Sunderland v. Hood, 84 Mo. 293 ; Eckert v. Elowry, 43 Pa. St. 52 ; Monroe v. Barclay, 17 Ohio St. 302;…
1Opinion of the CourtBlack, J.
— This is a suit to contest the will of William Hauger on the ground that he was not of a *435sound and disposing mind, and that it was procured by the undue influence of his wife and three of his sons.
By the will the deceased gave to Mrs. Myers and Mrs. Smith, both married daughters, one dollar each. They and their husbands are the contestants. Two sons and one daughter were non-residents, and to each of them he gave one dollar. He gave to his son William H. the sum of one hundred and fifty dollars. The balance of his personal property he bequeathed to his wife, with power to sell the same; and…
2Cases cited3 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Rankin v. RankinSupreme Court of Missouri · 1875
- Clarkson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by14 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Fischer v. SperlSupreme Court of Minnesota · 1905
- McFadin v. CatronSupreme Court of Missouri · 1897
- Patton v. SheltonSupreme Court of Missouri · 1931
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