Crum v. Crum
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer offered at the close of plaintiff’s case. There is no evidence in this case that would warrant a court or jury to declare that the will in contest was not the true will of R. S. Crum.
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Appeal from Maries Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer offered at the close of plaintiff’s case. There is no evidence in this case that would warrant a court or jury to declare that the will in contest was not the true will of R. S. Crum. The test of a testator’s competency to make a will is that the testator understood the business about which he was engaged when he had his will prepared and executed, knew the persons who were the natural objects of his bounty, understood his relation to them, and…
1Opinion of the CourtLamm, P. J.
The issue below was: Will or no will — devisavit vel non. Plaintiffs are the children and heirs of R. S. Crum — defendant Louisa Y. is his widow, and her codefendant, Leslie B., is her son by a former marriage.
R. S. Crum died testate on March 24,1906, a citizen of Maries county, seized of real and personal estate, and aged seventy-eight years. After ordering his debts paid, and monuments erected to mark the final *630resting places of himself and former wife, Harriet, his will devised to his widow all his real estate to hold during’ her natural life,-she to have charge, and enjoy the rents and…
2Cases cited6 opinions
- Meier v. BuchterSupreme Court of Missouri · 1906
- Holton v. CochranSupreme Court of Missouri · 1907
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
- Riggin v. Board of Trustees of Westminster CollegeSupreme Court of Missouri · 1901
- Harvey v. Heirs of Isaac SullensSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Turner v. AndersonSupreme Court of Missouri · 1914
- Lee v. UllerySupreme Court of Missouri · 1940
- Meyers v. DrakeSupreme Court of Missouri · 1930
15 more not listed; retrieve them via the Exa API.