McCall v. Atchley
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The first count of the petition states a good cause of action.
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Appeal from Adair Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The first count of the petition states a good cause of action. The demurrer admits all the facts pleaded; the execution of the will devising 240 acres of land to defendant, the death of the testator, probate of will and suit by the only child and heir to contest it, the employment, in writing, by defendant on behalf of herself and her ward of plaintiff and the other attorneys to defend the suit and propound the will, and to give them one-fourth of the property in value devised to them if the will should be sustained, or…
1Opinion of the Court
BEOWN, C.
— The petition consists of two counts. The first states that the plaintiff is an attorney at law as are also Edward Iiigbee, John 0. Mills and Walter Higbee, the last named three composing the firm of Higbee and Mills; that in May, 1906, one Nathaniel M. Ervin of Adair county died testate devising 240 acres of land in said county to the defendant and certain other lands to her ward Noble Edward Dean, a minor, and leaving as his sole heir his son Harry N. Ervin; that upon the probate of the will in said county Harry N. Ervin brought suit against defendant and her said ward to contest…
2Cases cited11 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Kersey v. GartonSupreme Court of Missouri · 1883
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Houtz v. HellmanSupreme Court of Missouri · 1910
- Beheret v. MyersSupreme Court of Missouri · 1912
6 more not listed; retrieve them via the Exa API.
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- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
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