Mowry v. Norman
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — How. Wm. C. Ellison, Judge. (1) The harden of proving that testator was of sound mind, that is, of testamentary capacity, is on proponent of the will, throughout the trial. Norton v. Paxton, 110 Mo. 462; J ones v. Roberts, 37 Mo. App. 173. If there is any substantial evidence, direct or inferential, that testator was not of testamentary capacity, or that the pretended will was the result of undue influence, the case must go to the jury.
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Appeal from Nodaway Circuit Court. — How. Wm. C. Ellison, Judge. (1) The harden of proving that testator was of sound mind, that is, of testamentary capacity, is on proponent of the will, throughout the trial. Norton v. Paxton, 110 Mo. 462; J ones v. Roberts, 37 Mo. App. 173. If there is any substantial evidence, direct or inferential, that testator was not of testamentary capacity, or that the pretended will was the result of undue influence, the case must go to the jury. Knapp v. Hanley, 108 Mo. App. 360; Charles v. Patch, 87 Mo. 463. (2) In this case there existed a close confidential…
1Opinion of the CourtGraves, J.
Action in the Nodaway Circuit Court contesting the will of Wesley Norman, who died in Nodaway county, Missouri, April 25, 1904, aged seventy-nine years, leaving surviving him, a widow, aged about eighty years, and three children, two daughters, Irena Mowry and Mary Kettering, the plaintiffs in this action, and one son, Marion Norman, the defendant.
The property of Wesley Norman chiefly consisted of a farm of two hundred acres of the value of sixteen thousand dollars. Grounds of contest as alleged in the petition are mental incapacity and undue influence. Upon the close of the whole case, the…
2Cases cited9 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Gay v. GillilantSupreme Court of Missouri · 1887
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Berberet v. BerberetSupreme Court of Missouri · 1895
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3Cited by47 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Switzer v. SwitzerSupreme Court of Missouri · 1964
- Cook v. HigginsSupreme Court of Missouri · 1921
- State Ex Rel. Smith v. HughesSupreme Court of Missouri · 1947
42 more not listed; retrieve them via the Exa API.