Campbell v. Carlisle
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Son. Jno. A. Sockaday, Judge. (1) The trial court committed reversible error in giving and permitting to be read to the jury defendants’ instruction number 2. The undisputed evidence shows that at the time of the making of the will, the defendant Carroll was managing all the business of the testator; that he had the old man at his home and had the absolute control of him and all he had; that the old man was sick, weak in body and mind, as…
Read the full summary
Appeal from Boone Circuit Court. — Son. Jno. A. Sockaday, Judge. (1) The trial court committed reversible error in giving and permitting to be read to the jury defendants’ instruction number 2. The undisputed evidence shows that at the time of the making of the will, the defendant Carroll was managing all the business of the testator; that he had the old man at his home and had the absolute control of him and all he had; that the old man was sick, weak in body and mind, as helpless as a child, was waited on, cared for, nursed and given his medicine by Carroll and wife who were of no kin to…
1Opinion of the CourtBurgess, J.
This is a statutory contest of the will of John Carlisle, deceased. The will was executed on the twenty-third day of May, 1894, and admitted to probate in Boone county where the testator died, on the twentieth day of October, 1894, and letters granted to Thomas H. Carroll, the executor named in the will, in November, 1894, who as such executor, took charge of the estate.
The suit is being prosecuted by the sister and other near relatives of the testator, who allege in the petition that at the time of his death he owned personal and real property of the value of about twenty thousand dollars, a…
2Cases cited13 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Jackson v. HardinSupreme Court of Missouri · 1884
- MacKall v. MacKallSupreme Court of the United States · 1890
- Gay v. GillilantSupreme Court of Missouri · 1887
- Maddox v. MaddoxSupreme Court of Missouri · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Knutson's WillOregon Supreme Court · 1935
- Meier v. BuchterSupreme Court of Missouri · 1906
- Gidney v. ChappellSupreme Court of Oklahoma · 1910
- Canfield v. CanfieldSupreme Court of Oklahoma · 1934
- Patterson v. McWhirkWashington Supreme Court · 1912
14 more not listed; retrieve them via the Exa API.