Walton v. Kendrick
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Gavon D. Burgess, Judge. (1) The trial court erred in admitting the subsequent declarations of John W. Price, made to the witness, Sarah S. Kendrick, as proper evidence by which to establish the execution of the writing in controversy. First.
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Appeal from Chariton Circuit Court. — Hon. Gavon D. Burgess, Judge. (1) The trial court erred in admitting the subsequent declarations of John W. Price, made to the witness, Sarah S. Kendrick, as proper evidence by which to establish the execution of the writing in controversy. First. In the first place, it was not proved, nor is it even fairly inferable from her testimony, that the paper to which Judge Price referred in the supposed conversation with Mrs. Kendrick, is the same paper now propounded as his will. Second. In the second place, though the identity of the paper be conceded, still,…
1Opinion of the CourtBbaoe, J.
This is a statutory proceeding instituted in the circuit court of Chariton county to contest the validity of an instrument of writing purporting to be the last will and testament of John "W. Price, late of said county, deceased, duly admitted to probate in said county on the twenty-eighth of May, 1890, prosecuted by some of his heirs against a daughter of said deceased and her husband, the petition charging, in substance, that said paper writing so admitted to probate as the last will of the said deceased ‘ ‘was not written or signed by the said John W. Price, and was not signed by any other…
2Cases cited20 opinions
- Kennedy v. UpshawTexas Supreme Court · 1885
- Gibson v. GibsonSupreme Court of Missouri · 1857
- Harris v. HaysSupreme Court of Missouri · 1873
- Norton v. PaxtonSupreme Court of Missouri · 1892
- Runkle v. GatesIndiana Supreme Court · 1858
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3Cited by19 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Luis v. MuhrbackOregon Supreme Court · 1907
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Ewing v. McIntyreMichigan Supreme Court · 1905
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