Holmes v. Holloman ex rel. Edmonson
Supreme Court of Missouri
APPEAL FROM ST. GENEVIEVE CIRCUIT COURT. 1st. The privilege of making a will is tile creature of the statute, and unless the requisitions of the statute are complied with,'the will is without effect. 2d. Our statute requires that the subscribing witnesses to a Will should also attest to the sound-; ness of mind of the testator. Wethinton vs. Wethinton 7 Mo. R. 589. 3d.
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APPEAL FROM ST. GENEVIEVE CIRCUIT COURT. 1st. The privilege of making a will is tile creature of the statute, and unless the requisitions of the statute are complied with,'the will is without effect. 2d. Our statute requires that the subscribing witnesses to a Will should also attest to the sound-; ness of mind of the testator. Wethinton vs. Wethinton 7 Mo. R. 589. 3d. A competent witness within the meaning of the statute is one not interested in the event of the suit, and such a one as by the rules of the common law could be compelled to testify. A. party to a'suit is always incompetent as a…
1Opinion of the Court
Judge Napton
delivered the opinion of the court.
This was a proceeding in the circuit court of St. Geneveive county? to establish the will of Elizabeth S. Holmes, probate of which had been denied by the county court of that county.
Richard M. Holmes and James W. Holmes were’ the attesting witnesses, and they were heirs at law to the testatrix. It appeared that by the will of Elizabeth Holmes, all her property was left to her nephew, Allen Augustus Holloman, a minor, by whose prochein ami this proceeding was instituted. The proceedings of the probate court, in relation to the will, which were…
2Cited by4 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Morton v. HeidornSupreme Court of Missouri · 1896
- Craig v. CraigSupreme Court of Missouri · 1900
- Harrell v. HarrellSupreme Court of Missouri · 1920