Dilworth v. Rice
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The certified transcript from tbe clerk’s office of the Probate Court, purporting to be a will, upon which a certificate of probate was issued, was not conclusive evidence of the will, and the proof offered and excluded by the court repelled the only effect which the statute gives to such a transcript. The transcript was offered under section 27 of the statute of wills (Wagn.
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Error to St. Louis Circuit Court. I. The certified transcript from tbe clerk’s office of the Probate Court, purporting to be a will, upon which a certificate of probate was issued, was not conclusive evidence of the will, and the proof offered and excluded by the court repelled the only effect which the statute gives to such a transcript. The transcript was offered under section 27 of the statute of wills (Wagn. Stat. 1868, § 27)'. Under this section it is admitted only when the will has been “proved as aforesaid’) — that is, when proved according to the express requirements of the preceding…
1Opinion of the Court
Wagneb,, Judge,
delivered the opinion of the court.
There are two questions to be determined in the consideration of this case. They grow immediately out of the will of Richard Wells, deceased, and the action had thereon in the Probate Court. The sixth clause of the will of the testator, Wells, contained the following provision: “All of the real estate belonging to me in this county, except that bequeathed to my wife and daughter, I direct and empower my said executor, hereinafter named, to 'have divided into seven equal parts, as nearly as may be, leaving such roads as he may deem necessary…
2Cases cited4 opinions
- Clay v. HartCourt of Appeals of Kentucky · 1838
- Wooldridge's heirs v. WatkinsCourt of Appeals of Kentucky · 1814
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Jourden v. MeierSupreme Court of Missouri · 1860
3Cited by13 opinions
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Keith v. KeithSupreme Court of Missouri · 1888
- Hodgin v. TolerSupreme Court of Iowa · 1886
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Stowe v. StoweSupreme Court of Missouri · 1897
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