Dickey v. Malechi
Supreme Court of Missouri
1st. The circuit court had jurisdiction of the case. 2nd¡ The defendants as to the facts of the case are concluded by their demurrer on the record. 3rd. That -the .question “Testamentum vel non,” is a question .of fact not .to be enquired into by the -appellate court. 4th.
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1st. The circuit court had jurisdiction of the case. 2nd¡ The defendants as to the facts of the case are concluded by their demurrer on the record. 3rd. That -the .question “Testamentum vel non,” is a question .of fact not .to be enquired into by the -appellate court. 4th. The 'circuit court has committed no error in matter of law fhat will justify a reversal of 1. That no legal will was .ever presented to the county court or clerk thereof to be probated, proved, or established, according to law. 2. There was no legal rejection of the said supposed will by the county court on which to found…
1Opinion of the Court
Opinion of the court delivered, by
Napton Judge.*
One Antoine Simmino of St. Genevive County, about the 5th of January 1833, made his last wiii and executed it according to law, in tiie presence of two witnesses John Findly and John Blital Beauvais, and died about four or five days after making his said will. John Campbell and Ebenezer Dickey, who had married sisters of Simmino, were appointed Executors by the will. Immediately after tho execution of the will by Simmino, who was proved to have been of disposing mind at the time, b,e handed tho will to Campbell and requested him to place, it in…
2Cases cited5 opinions
- Hill v. WilkinsSupreme Court of Missouri · 1835
- Davidson v. PeckSupreme Court of Missouri · 1836
- Jackson v. JacksonSupreme Court of Missouri · 1835
- Graham v. O'FallonSupreme Court of Missouri · 1837
- Cozzens v. GillispieSupreme Court of Missouri · 1835
3Cited by33 opinions
- Estate of PattersonCalifornia Supreme Court · 1909
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Jaques v. HortonSupreme Court of Alabama · 1884
- In re PageIllinois Supreme Court · 1886
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