Legal Opinion

Hughes v. Rader

Supreme Court of Missouri

Decided July 2, 1904PublishedCited by 24 opinions

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

  1. Jackson v. HardinSupreme Court of Missouri · 1884
  2. Schierbaum v. SchemmeSupreme Court of Missouri · 1900
  3. McFadin v. CatronSupreme Court of Missouri · 1894
  4. Maddox v. MaddoxSupreme Court of Missouri · 1893
  5. McFadin v. CatronSupreme Court of Missouri · 1897

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Berkemeier v. RellerSupreme Court of Missouri · 1927
  2. German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
  3. Winn v. GrierSupreme Court of Missouri · 1909
  4. Heinbach v. HeinbachSupreme Court of Missouri · 1918
  5. Gibony v. FosterSupreme Court of Missouri · 1910

19 more not listed; retrieve them via the Exa API.

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