Norton v. Paxton
Supreme Court of Missouri
Appeal from Caldwell Circtiit Court. (1) The testator having been shown by the evidence to be under the influence of devisees, the burden of proof as to capacity of said testator to make a valid will was shifted, and it rested upon those claiming under the will to prove by a preponderance of the evidence that the testator, at the time of making the will, had sufficient mental capacity to do so.
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Appeal from Caldwell Circtiit Court. (1) The testator having been shown by the evidence to be under the influence of devisees, the burden of proof as to capacity of said testator to make a valid will was shifted, and it rested upon those claiming under the will to prove by a preponderance of the evidence that the testator, at the time of making the will, had sufficient mental capacity to do so. It was, therefore, error for the court to give defendants’ instruction, numbered 3, which violates this doctrine. Gay v. Gillilan, 92 Mo. 262; Garvin’s Adm’r v. Williams, 44 Mo. 478; Harvey v. Sullens,…
1Opinion of the CourtBlack, J.
This is a statutory proceeding to contest the will of Dr. Pryor N. Norton of Hamilton, Caldwell county. The plaintiffs are a brother, two sisters and a nephew of the deceased. Other brothers and sisters,' nephews and nieces are made defendants ; but the real defendants are Irene K. Paxton and Alice C. Bourse, who are the sisters of the deceased wife of the testator. He had no children.
The will now in question bears date the tenth of March, 1888, and the testator died of a lingering consumption on the twenty-second of the following April, leaving an estate consisting of real and personal…
2Cases cited4 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Harris v. HaysSupreme Court of Missouri · 1873
- Inhabitants of Carondelet v. DentSupreme Court of Missouri · 1853
3Cited by24 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Mowry v. NormanSupreme Court of Missouri · 1907
- Maddox v. MaddoxSupreme Court of Missouri · 1893
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