Hughes v. Rader
Supreme Court of Missouri
Appeal from Pettis Circuit Court.— Eon. Geo. F. Lon-gan, Judge. ■ (1) There was no substantial evidence showing or tending to show that testatrix was not possessed of testamentary capacity *at the time the will was made. Under such circumstances it was the duty of the court to give a peremptory instruction in favor of defendants sustaining the will.
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Appeal from Pettis Circuit Court.— Eon. Geo. F. Lon-gan, Judge. ■ (1) There was no substantial evidence showing or tending to show that testatrix was not possessed of testamentary capacity *at the time the will was made. Under such circumstances it was the duty of the court to give a peremptory instruction in favor of defendants sustaining the will. Crowson v! Crowson, 172 Mo. 691; McFadin v. Catron, 138 Mo. 196; s. c., 120 Mo. 252; Cash v. Lust, 142 Mo. 630; Riley v. Sherwood, 144 Mo. 354; Fulbright v. Perry County, 145 Mo. 432; Wood v. Carpenter, 166 Mo. 465; Riggin v., Westminster College,…
1Opinion of the CourtPox, J.
This is a suit by respondents, contesting the will of Elizabeth R. Rader, deceased.
The instrument involved in this contest is as follows :
“In the name of God, Amen.
“I, Elizabeth R. Rader, of the county of Pettis, and *637of the State of Missouri, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament.
“First. I direct that all my just and legal debts be paid out of my personal estate.
“Second. I give, devise and bequeath to my grandson, Garland Byrne, one dollar.
“To my granddaughter, Marie Byrne, one dollar.
“To Lala Puntney, my daughter, one…
2Cases cited17 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- McFadin v. CatronSupreme Court of Missouri · 1894
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- McFadin v. CatronSupreme Court of Missouri · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Winn v. GrierSupreme Court of Missouri · 1909
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Gibony v. FosterSupreme Court of Missouri · 1910
19 more not listed; retrieve them via the Exa API.