Kischman v. Scott
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) There is no principle better settled than that in a will contest all the heirs must be made parties. Watson v. Alderson, 146 Mo. 333; Wells v. Wells, 144 Mo. 198. (2) The court erred in refusing to permit the wife of plaintiff, Moritz Kischman, to testify in the cause as to what she had seen with her eyes at the bedside of the deceased on the morning when the pretended will was drawn.
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Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) There is no principle better settled than that in a will contest all the heirs must be made parties. Watson v. Alderson, 146 Mo. 333; Wells v. Wells, 144 Mo. 198. (2) The court erred in refusing to permit the wife of plaintiff, Moritz Kischman, to testify in the cause as to what she had seen with her eyes at the bedside of the deceased on the morning when the pretended will was drawn. When the fact of her being wife to Moritz Kischman appeared, the court sustained defendant’s objection to her testifying, and when plaintiffs…
1Opinion of the CourtBurgess, J.
This is a statutory contest of the will of J. M. Hager, deceased, late of Jackson county. The venue was changed to Clay county on application of plaintiffs. The will bears date June 29, 1896, and the testator died on January 24, 1897, at the advanced age of about seventy-six years. He left surviving him neither wife nor descendants. The plaintiffs are descendants of the testator’s, deceased sister, Martha. Defendant, Anne Lee Scott, is the only living child or descendant of his sister, Mrs. Levenger; Lilburn Scott is her husband and executor under the will. Mary Meitling, who is named as…
2Cases cited12 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Hickman v. GreenSupreme Court of Missouri · 1894
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
- Wells v. WellsSupreme Court of Missouri · 1898
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3Cited by19 opinions
- Ditton v. HartIndiana Supreme Court · 1911
- In Re Knutson's WillOregon Supreme Court · 1935
- Hutchings v. CobbleSupreme Court of Oklahoma · 1911
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
- Thomson v. ButlerCourt of Appeals for the Eighth Circuit · 1943
14 more not listed; retrieve them via the Exa API.