Gordon v. Burris
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. Joshua Alexander, Special Judge. (1) The testatrix, at the time of making the pretended will, had not capacity to make a will. Benoist v. Murrin, 58 Mo. 307; Young v. Bidenbaugh, 67 Mo. 574; Harvey v. Sidlens, 56 Mo. 372. (2) The court erred in taking the case, by mandatory instruction, from the jury. There was evidence sufficient to establish the allegations in the petition, and the case should have gone to the jury.
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Appeal from Livingston Circuit Court. — Hon. Joshua Alexander, Special Judge. (1) The testatrix, at the time of making the pretended will, had not capacity to make a will. Benoist v. Murrin, 58 Mo. 307; Young v. Bidenbaugh, 67 Mo. 574; Harvey v. Sidlens, 56 Mo. 372. (2) The court erred in taking the case, by mandatory instruction, from the jury. There was evidence sufficient to establish the allegations in the petition, and the case should have gone to the jury. Buesching v. St. Louis Gaslight Company, 73 Mo. 231; Frick v. Bailroad, 75 Mo. 600; Bush v. Bush, 87 Mo. 486; Covey v. Bailroad, 86…
1Opinion of the CourtMaoeaelane, J.
— This is a statutory suit contesting the will of Lucinda Burris, deceased. The petition charges in substance that on and prior to March 20, 1890, John Burris and Lucinda Burris were husband and wife. That there was born of the marriage three sons, Augustus, George, and Frederick, and one daughter, Josephine. That the daughter married Liston Gordon in 1878, by whom she had one child, plaintiff Mary Josephine Gordon, and died in 1885.
That on the twentieth day of March, 1890, the said Lucinda Burris executed and had witnessed a paper writing by Avhich she devised to her three sons in equal…
2Cases cited11 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Wolff v. CampbellSupreme Court of Missouri · 1892
- McFadin v. CatronSupreme Court of Missouri · 1894
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Gibson v. GibsonSupreme Court of Missouri · 1857
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3Cited by35 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Miller v. LivingstoneUtah Supreme Court · 1906
- White v. ScarrittSupreme Court of Missouri · 1937
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
30 more not listed; retrieve them via the Exa API.