Farrell's Administrator v. Brennan's Administratrix
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts are sufficiently stated in the opinion. I. The court should have permitted the witnesses to be asked their opinion as to the sanity of the testator, where they testified to facts of their own observation, or from long acquaintance with the testator.
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Appeal from St. Louis Circuit Court. The facts are sufficiently stated in the opinion. I. The court should have permitted the witnesses to be asked their opinion as to the sanity of the testator, where they testified to facts of their own observation, or from long acquaintance with the testator. (1 Greenl. on Ev., p. 573, note 5 to § 440, 2d ed.) The opinion of witnesses that testator, from defect of understanding, was incompetent to make a will, having been excluded by the court at nisi prius, held, by the Supreme Court of Pennsylvania, “that there was no plausible reason to sustain the…
1Opinion of the CourtBay, Judge
Plaintiff filed his petition in the St. Louis Circuit Court, under our statute of wills, to contest the validity of an instrument of writing purporting to be the last will of Michael Farrel, deceased. The petition alleges that at the time of the execution of the said supposed last will and testament the said Michael Farrell was not of sound and disposing mind, and by reason thereof incapable of making a will. This is the only issue presented by the pleadings in the cause.
The trial was by jury, and a large amount of evidence was given relating to the condition of the testator’s mind. The court…
2Cases cited1 opinion
- Cravens v. FaulconerSupreme Court of Missouri · 1859
3Cited by21 opinions
- Brown v. MitchellTexas Supreme Court · 1895
- State v. PikeSupreme Court of New Hampshire · 1870
- Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
- Teegarden v. LewisIndiana Supreme Court · 1895
- Schneider v. ManningIllinois Supreme Court · 1887
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