Seibert v. Hatcher
Supreme Court of Missouri
Appeal from Perry Circuit Court. — Now. Robert A. Anthony, Judge. Under the law and the evidence the verdict should have been for plaintiffs. Meek & Thornton, Exrs., v. Perry, 36 Miss. 245; Page on Wills, sec. 414; Hoope’s Estate, 174 Pa.
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Appeal from Perry Circuit Court. — Now. Robert A. Anthony, Judge. Under the law and the evidence the verdict should have been for plaintiffs. Meek & Thornton, Exrs., v. Perry, 36 Miss. 245; Page on Wills, sec. 414; Hoope’s Estate, 174 Pa. St. 195; Hartman v. Stricklin, 82 Va. 238; Taylor v. Wilburn, 20 Mo. 306; Harvey v. Sullens, 46 Mo. 153; Dingman v. Romine, 141 Mo. 466; Smith v. Henline, 174 111. 198; Rich v. Gilkey, 73 Me. 596. The case being one where a confidential relation was shown to exist and the burden of proof being on the proponents, instruction 4 for proponents, which required…
1Opinion of the CourtBurgess, J.
This is a statutory proceeding to contest and set aside the last will of Emeline McLane, who died on the 26th day of October, 1903, the will having been executed on the 21st day of the preceding1 January.
Plaintiffs are the collateral kindred and the residuary legatees under the will of the testatrix. The petition, after averring the execution and probate of the will in question, alleges:
“That by the terms of said pretended will William H. Hatcher is made the beneficiary to the amount of three thousand dollars; and that Ella M. Statler is made a beneficiary therein to the amount of three…
2Cases cited11 opinions
- In Re NeagleSupreme Court of the United States · 1890
- Jackson v. HardinSupreme Court of Missouri · 1884
- Thompson v. IshSupreme Court of Missouri · 1889
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Gibson v. GibsonSupreme Court of Missouri · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Creek v. Union Nat. Bank in Kansas CitySupreme Court of Missouri · 1954
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1924
- Jones v. ThomasSupreme Court of Missouri · 1909
- Estate of BrownIdaho Supreme Court · 1932
- Helsley v. MossCourt of Appeals of Texas · 1908
6 more not listed; retrieve them via the Exa API.