Legal Opinion

Armstrong v. Farrar

Supreme Court of Missouri

Decided July 15, 1844PublishedCited by 14 opinions

ERROR to Franklin Circuit Court. 1. The court below erred in refusing to allow the counsel of the plaintiff below to ask their witness, “whether he had ever heard John S. Farrar, one of said defendants, say anything as to the childishness or mental imbecility of the deceased, Leonard Farrar, at the time of the making the paper claimed to be his will.” — • 1 Phil.

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ERROR to Franklin Circuit Court. 1. The court below erred in refusing to allow the counsel of the plaintiff below to ask their witness, “whether he had ever heard John S. Farrar, one of said defendants, say anything as to the childishness or mental imbecility of the deceased, Leonard Farrar, at the time of the making the paper claimed to be his will.” — • 1 Phil. Ev., 90, 4th American, from 7th London edit., by Cowen & Hill; Ibid., (same edit.) 92; 2 Starkie’s Ev., 22; Bauerman et al. us. Radimus, 7 Term Rep., 663; Dillon vs. Chouteau, 7 Mo. Rep., 386; 2 Starkie’s Ev., 25; Lucas et al. us. De…

1Opinion of the CourtNapton, Judge

This was a petition by the plaintiffs in error, heirs at law of Leonard Farrar, deceased, contesting the will of said Farrar, and praying an issue to be made up, according to the provisions of our statute, for the purpose of determining the validity of the said supposed will. The legatees and devisees under the will were made parties defendants. The ground alleged in the petition for setting aside the will, was the incapacity of the testator at the time of making his will. Three of the defendants, John S. Farrar, Richard Farrar and Perrin Farrar, appeared and pleaded — first, that the…

2Cases cited4 opinions

  1. Welland Canal Co. v. HathawayNew York Supreme Court · 1832
  2. Sharp v. WickliffeCourt of Appeals of Kentucky · 1823
  3. Commonwealth v. BattisMassachusetts Supreme Judicial Court · 1804
  4. Porter v. ReaSupreme Court of Missouri · 1839

3Cited by14 opinions

  1. Jackson v. HardinSupreme Court of Missouri · 1884
  2. Schierbaum v. SchemmeSupreme Court of Missouri · 1900
  3. Meier v. BuchterSupreme Court of Missouri · 1906
  4. State v. SansoneSupreme Court of Missouri · 1893
  5. St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898

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