Banks v. Banks
Supreme Court of Missouri
Error to Marion Circuit Court.—IIon. John T. Redd, Judge. A will deliberately canceled, without accident or mistake, is revoked, though the testator intend to make a new one, but omits to do so. "Williams on Executors, Yol. 1, p. 155 ; Brown v. Thorndike, 15 Pick. 388; Laughton v. Atkins, 1 Pick. 535 ; Jarman on Wills, Yol. 1, p. 161; O’Neall v. Farr, 1 Richards. 80.
1Opinion of the CourtIIenry, J.
This was ¡i proceeding in the circuit court to establish a last will and testament alleged to have been lost or destroyed. The evidence for plaintiffs established the execution of a will by the testator on the 25th of April, 1865, a copy of which was proved. The evidence on the part of defendants proved, that in the fall of 1866, the testator made and executed another 'will, making a materially different disposition of his property, and had the will of 1865 burned. This burning, however, was done after the will of 1866 was prepared and signed, but before its attestation. It was proved by…
2Cited by11 opinions
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Watson v. LandvatterSupreme Court of Missouri · 1974
- Stowe v. StoweSupreme Court of Missouri · 1897
- Hughes v. BurrissSupreme Court of Missouri · 1885
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