Wanger v. Marr
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. William D. Rusk, Judge. The court erred in not dismissing plaintiffs’ bill at the close of the evidence, (a) The burden was upon the plaintiffs to prove that John Marr and Barbara Marr entered into a contract by the terms of which John Marr agreed that, (1) in consideration of Barbara Marr making a. will leaving her property to him for life, remainder to her six children, (2) John Marr would or did execute a will leaving his…
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Appeal from Buchanan Circuit Court. — Hon. William D. Rusk, Judge. The court erred in not dismissing plaintiffs’ bill at the close of the evidence, (a) The burden was upon the plaintiffs to prove that John Marr and Barbara Marr entered into a contract by the terms of which John Marr agreed that, (1) in consideration of Barbara Marr making a. will leaving her property to him for life, remainder to her six children, (2) John Marr would or did execute a will leaving his property to Barbara Marr for life, remainder to her six children,, and (3) that Barbara Marr executed her will in consideration…
1Opinion of the Court
BLAIR, 0.
E.ebruary 5, 1895, John and Barbara Marr, husband and wife, executed wills. By these each was given a life estate in the property' of the other and the remainder was devised to plaintiffs and defendant as hereinafter more fully explained. In February, 1897, John Marr executed a second will. ■In 1898 Barbara Marr. died. John Marr took possession of her land. In 1906 he executed a third will and .thereafter died.
The petition alleges the two wills of February 5, 1895, were executed. pursuant to a contract between John and Barbara,. and prays the specific performance thereof. Defendant…
Also in this document: Per curiam.
2Cases cited1 opinion
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
3Cited by23 opinions
- Stevens v. MyersOregon Supreme Court · 1918
- Canada v. IhmsenWyoming Supreme Court · 1925
- Plemmons v. PembertonSupreme Court of Missouri · 1940
- Maurer v. JohanssonSupreme Court of Iowa · 1937
- Schauer v. SchauerNew Mexico Supreme Court · 1939
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