Berberet v. Berberet
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) An attestation clause is not 'necessary to the validity of a will. Ela v. Edwards, 16 Gray, 91; Fry’s Will, 2 R. I. 88; 1 Jarman on Wills [5 Am.Ed.], p. 218. See, also, Laycraft v. Simmons, 3 Bradf. 35. (2) Where the verdict is against the evidence and all the probabilities of the case it should not be permitted to stand. Spohu v. Railroad, 87 Mo. 74; Foster v. Foster, 77 Mo. 227; Ciarle v. Fairley, 30 Mo.
Read the full summary
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) An attestation clause is not 'necessary to the validity of a will. Ela v. Edwards, 16 Gray, 91; Fry’s Will, 2 R. I. 88; 1 Jarman on Wills [5 Am.Ed.], p. 218. See, also, Laycraft v. Simmons, 3 Bradf. 35. (2) Where the verdict is against the evidence and all the probabilities of the case it should not be permitted to stand. Spohu v. Railroad, 87 Mo. 74; Foster v. Foster, 77 Mo. 227; Ciarle v. Fairley, 30 Mo. App. 335. (3) The onus was on the proponents only to prove the proper execution and attestation of the will and that the…
1Opinion of the CourtBuress, J.
This is a suit to set aside the will of Eva Catharine Berberet, late of Knox county. For grounds for setting aside the will the petition alleges:
First. That the instrument of writing admitted to probate is not the last will of the deceased, Eva Catharine Berberet, for the reason that it is not signed, published, and declared to two attesting witnesses upon its face, or any where upon it, in writing, to be such will, and that it is not executed and attested by at least two witnesses, according to law.
Second. That any or all proofs to show that the will was signed, attested, published, and…
2Cases cited6 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- McFadin v. CatronSupreme Court of Missouri · 1894
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Farmer v. FarmerSupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Williams v. MilesNebraska Supreme Court · 1903
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Mowry v. NormanSupreme Court of Missouri · 1907
- Fischer v. SperlSupreme Court of Minnesota · 1905
- Winn v. GrierSupreme Court of Missouri · 1909
26 more not listed; retrieve them via the Exa API.