Varnon v. Varnon
Missouri Court of Appeals
Appeal from the Sturgeon Common Pleas Court. — Hon. J. A. Hockaday, Judge. (1) The court erred in declaring that items fifth and seventh of the will were valid’ because they were inconsistent and void. (2) The court erred in declaring part of the will valid and part void. It may be admitted that the courts may declare certain parts of a will illegal and void as a matter of law and other parts valid because legally expressing the will of the testator.
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Appeal from the Sturgeon Common Pleas Court. — Hon. J. A. Hockaday, Judge. (1) The court erred in declaring that items fifth and seventh of the will were valid’ because they were inconsistent and void. (2) The court erred in declaring part of the will valid and part void. It may be admitted that the courts may declare certain parts of a will illegal and void as a matter of law and other parts valid because legally expressing the will of the testator. But in this case the court held part of the will void because it had been changed after its attestation. The whole will should have been…
1Opinion of the CourtEllison, J.
This action was brought to contest the validity of the will of plaintiff’s deceased husband. The circuit court sustained the will as to all but what was designated as the fifth page. The widow appeals.
The will was written on seven pages of paper. We discover no reason to question the trial court’s action in finding the testator was of sound mind, and that when he made the will he possessed full testamentary capacity. We have only to determine a question of law which arises on the established facts. The material portions of the will disposed of the property to the widow and only son, in equal…
2Cases cited4 opinions
- Wolf v. BollingerIllinois Supreme Court · 1872
- Dickey v. MalechiSupreme Court of Missouri · 1839
- Jackson v. JacksonSupreme Court of Missouri · 1835
- Graham v. O'FallonSupreme Court of Missouri · 1837
3Cited by10 opinions
- Southworth v. SouthworthSupreme Court of Missouri · 1903
- Watson v. LandvatterSupreme Court of Missouri · 1974
- Board of Trustees of Methodist Church v. WelptonSupreme Court of Missouri · 1955
- In Re Roeder's EstateNew Mexico Supreme Court · 1940
- Michigan Trust Co. v. FoxMichigan Supreme Court · 1916
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