Haile v. Hill
Supreme Court of Missouri
APPEAL FROM MADISON CIRCUIT COURT. 1. The Circuit Court errecl in sustaining the demurrer of the plaintiffs below to the fifth plea of the defendant below. 2 Chitty’s PI. 438 ; 1 Saund. 92 and note 3 ; 1 Mo. R. 202, McKnight v. Taylor; 1 Starkie’s Ev. 221, 223, also 222, and notes, also 219 and notes. 2. The Circuit Court erred in permitting to be read to the jury as evidence a paper purporting to be the will of Eerguson Haile, together with the papers accompanying it.
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APPEAL FROM MADISON CIRCUIT COURT. 1. The Circuit Court errecl in sustaining the demurrer of the plaintiffs below to the fifth plea of the defendant below. 2 Chitty’s PI. 438 ; 1 Saund. 92 and note 3 ; 1 Mo. R. 202, McKnight v. Taylor; 1 Starkie’s Ev. 221, 223, also 222, and notes, also 219 and notes. 2. The Circuit Court erred in permitting to be read to the jury as evidence a paper purporting to be the will of Eerguson Haile, together with the papers accompanying it. Story’s Confl. of Laws, p. 891, § 405, also, p. 394, § 468, also, p. 215, §260, also p. 527, § 636; SHar. &Johns. 101,195;…
1Opinion of the CourtBiroh, J.
In the year 1831, Ferguson Haile died ia the State of Louisiana, having previously made a will, whereby after reciting that he had given to his two children by a former marriage (naming them, and the plaintiff in error being one) all he was able or intended to, his remaining property is devised to his wife, Lucy, and her children (by him), to be used and disposed of by her for their maintenance and education during her life, and to be equally divided amongst them at her death. The will was admitted to probate, and the widow administered on the estate, the controversy concerning which will be…
2Cited by4 opinions
- Stadelman v. MinerOregon Supreme Court · 1916
- Barksdale v. AppleberrySupreme Court of Missouri · 1856
- Brown v. BibbSupreme Court of Missouri · 1947
- In re Estate of MurphyTuscarawas County Probate Court · 1932