Bingaman v. Hannah
Supreme Court of Missouri
Appeal from Wright Circuit Court. — Hon. G. H. Blanker, Judge. (1) Where there is no evidence tending to show that the testatrix had any knowledge of the contents of the will as drawn, and where it does not dispose of her •property as she had desired and had directed, it will be held that it was not the will of the testatrix.
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Appeal from Wright Circuit Court. — Hon. G. H. Blanker, Judge. (1) Where there is no evidence tending to show that the testatrix had any knowledge of the contents of the will as drawn, and where it does not dispose of her •property as she had desired and had directed, it will be held that it was not the will of the testatrix. Bradford v. Blossom, 207 Mo. 207. (2) The burden is on the proponents to prove the due execution of the will and that the testator had mental capacity to know and understand what he was doing. That burden they must assume, even though contestants introduced no evidence.…
1Opinion of the CourtWilliams, J.
— This is a suit to contest the alleged will of Henry H. Bingaman, deceased. By the alleged will said Bingaman (for brevity we will hereinafter refer to him as the testator) devised and bequeathed practically all of his property consisting of sixty acres of land and about four hundred dollars worth of personal property, to his wife Belle Bingaman. Testator died on the 29th day of June, 1909, and left no children surviving him. Testator’s wife died in 1911, and shortly afterwards this suit was instituted by the heirs of the testator against the defendants who are the heirs of Belle Bingaman.…
2Cases cited10 opinions
- State v. DuestrowSupreme Court of Missouri · 1897
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Hughes v. RaderSupreme Court of Missouri · 1904
- Cravens v. FaulconerSupreme Court of Missouri · 1859
- Lindsey v. StephensSupreme Court of Missouri · 1910
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3Cited by14 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Kuhlman v. Water, Light & Transit Co.Supreme Court of Missouri · 1925
- Proffer v. ProfferSupreme Court of Missouri · 1938
- State v. RobertsSupreme Court of Missouri · 1920
- Maurath v. SicklesMissouri Court of Appeals · 1979
9 more not listed; retrieve them via the Exa API.