Barkley v. Barkley Cemetery Ass'n
Supreme Court of Missouri
Appeal from Ralls Circuit Court. — Hon. W. W. Fry, Special Judge.' (1) Tbe trial court committed error in overruling plaintiff’s motion to strike out those parts of defendants’ answer "which alleged that certain of the plaintiffs had petitioned the court for the appointment of trustees to hold certain funds mentioned in the paper in controversy, and had accepted the benefit of certain provisions in said paper; and also committed error in admitting, against the objections of…
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Appeal from Ralls Circuit Court. — Hon. W. W. Fry, Special Judge.' (1) Tbe trial court committed error in overruling plaintiff’s motion to strike out those parts of defendants’ answer "which alleged that certain of the plaintiffs had petitioned the court for the appointment of trustees to hold certain funds mentioned in the paper in controversy, and had accepted the benefit of certain provisions in said paper; and also committed error in admitting, against the objections of the plaintiffs, evidence, offered by defendants tending to prove those allegations of said answer. The only issue which…
1Opinion of the CourtBurgess, J.
This action is a statutory contest of the validity of the will of Matthew T. Barkley who died in Ralls county, in March, 1892, to which Barkley Cemetery Association, his executors and others are made defendants. The will bears date August 16, 1890, at which time the testator was about sixty-nine years of age.
The petition alleges mental incapacity to make a will, and that undue influence was exercised over him by “some of the defendants, -together with other persons acting in concert with them.”
The answer is a general denial, and further alleges that all of the legatees accepted their bequests…
2Cases cited30 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- State v. TaylorSupreme Court of Missouri · 1893
- Noble v. BlountSupreme Court of Missouri · 1883
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3Cited by14 opinions
- Patton v. SheltonSupreme Court of Missouri · 1931
- Cornet v. CornetSupreme Court of Missouri · 1913
- Baker v. SpearsSupreme Court of Missouri · 1948
- Dobbins v. HuppMissouri Court of Appeals · 1978
- Nagel v. United Railways Co.Missouri Court of Appeals · 1912
9 more not listed; retrieve them via the Exa API.