Lorts v. Wash
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — No». L. B. Wood-side, Judge. (1) The judgment and finding of the court in sustaining the will in this case is against the law and not supported by the testimony, (a) Because the proponents failed to place upon the witness stand all the witnesses to the will of Caroline Wash.
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Appeal from Phelps Circuit Court. — No». L. B. Wood-side, Judge. (1) The judgment and finding of the court in sustaining the will in this case is against the law and not supported by the testimony, (a) Because the proponents failed to place upon the witness stand all the witnesses to the will of Caroline Wash. The heir has* the right to have the condition and mental capacity of the testator to make a will proved by all the witnesses that the- statute has placed about the testator. Odenwaelder v. Schorr, 8 Mo. App. 465; Miltonberger v. Miltonberger, 8 Mo. App. 309; Harris v. Hays, 53 Mo. 90;…
1Opinion of the Court
FOX, J. J.
— This is a suit brought by appellant on the 12th day of May, 1900, to contest and set aside the will of Caroline Wash, who died on the 23rd day of February, 1900, the will having been executed on the 22nd • day of February, 1900.
STATEMENT.
The petition in the case, after averring the interests of the heirs and the execution of the will, makes the following allegations, viz.:
“The plaintiffs further state that said Caroline Wash was over seventy years of age when she died; that at and for sometime prior to the date of her death she was weakened, both in body and mind, by old age; that…
2Cases cited4 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Mays v. MaysSupreme Court of Missouri · 1893
- Rankin v. RankinSupreme Court of Missouri · 1875
3Cited by6 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Hayes v. HayesSupreme Court of Missouri · 1912
- Sanford v. HollandSupreme Court of Missouri · 1918
- Berst v. MoxomMissouri Court of Appeals · 1911
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