Legal Opinion

Caspari v. First German Church of New Jerusalem

Missouri Court of Appeals

Decided June 6, 1882PublishedCited by 7 opinions

Appeal from the St. Louis Circuit Court, Adams, J. Advice, persuasion, or entreaty does not constitute undue influence, and will not vitiate a gift made freely and from conviction of its propriety, though such gift might never have been made but for such advice, persuasion, or entreaty. — Howev.

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Appeal from the St. Louis Circuit Court, Adams, J. Advice, persuasion, or entreaty does not constitute undue influence, and will not vitiate a gift made freely and from conviction of its propriety, though such gift might never have been made but for such advice, persuasion, or entreaty. — Howev. Howe, 99 Mass. 99 ; Children’s Aid Society v. Loveridge, 70 N. Y. 394; Gardiner v. Gardiner, 34 N. Y. 155; Breaks v. Breck, 66 N. Y. 144; Barnes v. Barnes, 66 Me. 297; Brown v. Molliston, 3 Whart. 129 ; Zimmerman v. Zimmerman, 23 Pa. St. 375 ; Thompson v. Keyner, 65 Pa. St. 368; Daniel v. Hill, 52…

1Opinion of the CourtThompson, J.

This is a suit in equity to set aside a deed of gift made by the plaintiff to the church of which she was a member. The church in question is an incorporated religious society known as the First German Church of the New Jerusalem. At the time of the making of the gift, the plaintiff was a widow about seventy-two years of age, infirm in body and feeble in mind, though she had been a person of good intelligence. She had long been a member of this particular religious denomination, and of this particular society. In fact, it was organized in her house some forty years ago, soon after she came to…

2Cases cited9 opinions

  1. Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
  2. Cadwallader v. WestSupreme Court of Missouri · 1871
  3. Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
  4. Street v. GossSupreme Court of Missouri · 1876
  5. Harvey v. SullensSupreme Court of Missouri · 1870

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3Cited by7 opinions

  1. Nelson v. DodgeSupreme Court of Rhode Island · 1949
  2. President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
  3. Baber v. CaplesOregon Supreme Court · 1914
  4. Jones v. RobertsMissouri Court of Appeals · 1889
  5. Caspari v. First German ChurchSupreme Court of Missouri · 1884

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