Jones v. Roberts
Missouri Court of Appeals
Appeal from the Pike County Circuit Court. — Hon. E. M. Hughes, Judge. (1) The burden of proof which the law imposes upon the proponents of a will in order to establish a prima facie case extends no further than to the making of the will, its attestation according to statutory requirements, and proof of the sanity of the testator by the attesting witnesses.
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Appeal from the Pike County Circuit Court. — Hon. E. M. Hughes, Judge. (1) The burden of proof which the law imposes upon the proponents of a will in order to establish a prima facie case extends no further than to the making of the will, its attestation according to statutory requirements, and proof of the sanity of the testator by the attesting witnesses. Harris v. Hays, 53 Mo. 96; Rankin v. Rankin, 61 Mo. 295; 1 Jarmin, Wills, pp. 104, 5 and 7; Bailey’s Onus Probandi, 151 and 389; Jackson v. Hardin, 83 Mo. 182. As to undue influence, the burden of showing that a will was. procured by undue…
1Opinion of the Court
Thompson, J.,
delivered tlie opinion of the court.
This was a petition under section 3980, Revised Statutes, to contest the validity of a will which had been admitted to probate by the probate court of Pike county. The will was.that of Charlotte Bennett, who died on the twenty-fifth of December, 1884, about sixty-five years of age, leaving no bodily issue. The will was executed on December 1, 1884, and was admitted to probate on January 1, 1885. The contestants are the nephews and nieces of the alleged testatrix, children of certain of her brothers, who died prior to her decease. The defendants…
2Cases cited17 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Jackson v. HardinSupreme Court of Missouri · 1884
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Gibson v. GibsonSupreme Court of Missouri · 1857
- Tingley v. CowgillSupreme Court of Missouri · 1871
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3Cited by9 opinions
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- State v. GardnerSupreme Court of Missouri · 2000
- Scheuer v. StateMontana Supreme Court · 1904
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- In Re Estate of GregoryCalifornia Supreme Court · 1901
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