Legal Opinion

Wells v. Wells

Supreme Court of Missouri

Decided May 24, 1898PublishedCited by 26 opinions

Appeal from Louisiana Court of Common Pleas. — Hon. Reuben F. Roy, Judge. (1) All the beneficiaries should have been made parties. Eddie v. Parke, Ex’r, 31 Mo. 513; Rogers v. Dively, Adm’r, 51 Mo. 193; Garland v. Smith, 127 Mo. 580. (2) Berkley Wells should have been represented by a guardian ad litem. Neenan v. St. Joseph, 126 Mo. 89. (3) In this case the judgment was against Berkley Wells a minor defendant, who appeared neither by attorney nor guardian ad litem.

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Appeal from Louisiana Court of Common Pleas. — Hon. Reuben F. Roy, Judge. (1) All the beneficiaries should have been made parties. Eddie v. Parke, Ex’r, 31 Mo. 513; Rogers v. Dively, Adm’r, 51 Mo. 193; Garland v. Smith, 127 Mo. 580. (2) Berkley Wells should have been represented by a guardian ad litem. Neenan v. St. Joseph, 126 Mo. 89. (3) In this case the judgment was against Berkley Wells a minor defendant, who appeared neither by attorney nor guardian ad litem. Appellants challenged the propriety of this judgment by an appropriate motion in arrest. The judgment setting aside this will is…

1Opinion of the CourtRobinson, J.

This is a proceeding under the statute to contest the validity of the will of Elizabeth J. Wells late of Pike- county, which had been formally proved in the probate court. The will was executed on the twenty-ninth day of October, 1894, and the testatrix died in May following, at the age of fifty-six years. She was never married and died without issue, leaving neither father nor mother. The plaintiff William, and defendants James, Charles, Robert and George Wells, are her only surviving brothers, and Berkley Wells is the only child of her deceased brother John Wells. The will in contest is…

2Cases cited3 opinions

  1. Bensieck v. CookSupreme Court of Missouri · 1892
  2. Neenan v. City of St. JosephSupreme Court of Missouri · 1894
  3. Rush v. RushSupreme Court of Missouri · 1854

3Cited by26 opinions

  1. Scheuer v. StateMontana Supreme Court · 1904
  2. Cox v. WrinkleSupreme Court of Missouri · 1954
  3. LaRue v. LeeWest Virginia Supreme Court · 1908
  4. Thomson v. ButlerCourt of Appeals for the Eighth Circuit · 1943
  5. Buchanan v. DavisCourt of Appeals of Texas · 1931

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