Legal Opinion

Miller v. Simonds

Missouri Court of Appeals

Decided January 2, 1878PublishedCited by 4 opinions

Appeal from St. Charles Circuit Court. The burden of proof as to undue influence rests upon defendant. — Street v. Goss, 62 Mo. 226. Equity will, in cases like the present, extend the term of legal disability beyond the technical majority of the ward. — Garvin’s Administrators v. Williams, 44 Mo. 465; 50 Mo. 206; Huguenin v. Baseley, 3 White & Tudor’s Ld.

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Appeal from St. Charles Circuit Court. The burden of proof as to undue influence rests upon defendant. — Street v. Goss, 62 Mo. 226. Equity will, in cases like the present, extend the term of legal disability beyond the technical majority of the ward. — Garvin’s Administrators v. Williams, 44 Mo. 465; 50 Mo. 206; Huguenin v. Baseley, 3 White & Tudor’s Ld. Cas. 47, 55, et seq.; Archer v. Hudson, 7 Beav. 521; Rivett v. Harvey, 1 Sim. & St. 502; Jennings v. McConnell, 17 111. 148; 1 Story’s Eq., sec. 309; 12 Pet. 261; Young v. Peacy, 2 Atk. 258 ; Bergen v. Udall, 31 Barb. 9 ; Taylor v. Taylor, 8…

1Opinion of the CourtLewis, P. J.

The plaintiff, Margaret J. Miller, is the daughter of defendant, who, in 1860, was regularly appointed guardian of her person and estate, she being then about seven years of age. Her property consisted chiefly of an undivided half of three hundred and ten acres of land, worth, according to the testimony, about $18,000, which she and her only brother, William T. Simonds, had inherited, in part from their mother and in part from an uncle on the mother’s side. The defendant was also guardian of his son, and the two wards reached their majorities, respectively, in 1871. On May 18, 1874, a few…

2Cases cited3 opinions

  1. Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
  2. Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
  3. Bergen v. UdallNew York Supreme Court · 1858

3Cited by4 opinions

  1. Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919
  2. Walker v. Phœnix InsuranceMissouri Court of Appeals · 1895
  3. Baldock v. JohnsonOregon Supreme Court · 1887
  4. Bastian v. DreyerMissouri Court of Appeals · 1879

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