Legal Opinion

Harbison v. James

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 26 opinions

Appeal from Jaclcson Special Law and Equity Court. Hon. R. E. Cowan, Judge. (1) Complainant’s exceptions to the testimony contained in the depositions of the witnesses for defendant Anderson should have been sustained, and the evidence excluded, on the grounds set out in the complainant’s motions. (2) Complainant herein is the proper party to bring suit for the estate of his testator.

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Appeal from Jaclcson Special Law and Equity Court. Hon. R. E. Cowan, Judge. (1) Complainant’s exceptions to the testimony contained in the depositions of the witnesses for defendant Anderson should have been sustained, and the evidence excluded, on the grounds set out in the complainant’s motions. (2) Complainant herein is the proper party to bring suit for the estate of his testator. R. S., sec. 3463; 43 Ind. 203. (3) The words, “wish” and “desire,” used by B. M. Hall in his will, manifest the intention of the testator, and, with the other terms used by him, gave his widow, Mary F. Hall, but…

1Opinion of the Court

Rat, J. —

This case is before us on appeal from the special law and equity court of Jackson county. The material facts of the case, as we gather from the record, will appear in the progress of this opinion. Bartlett M. Hall, a citizen and resident of the state of Kentucky, died in that state somewhere between February, 1869, and September, 1870, leaving his wife and several children surviving him. He had been twice married, but left no children by his last wife. Shortly before his death he made and published his last will and testament, as follows :

“1. I desire all my just debts to be paid.
“2.…

2Cases cited4 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Anderson v. Hall's adm'rCourt of Appeals of Kentucky · 1882
  3. Price v. CourtneySupreme Court of Missouri · 1885
  4. Bean v. KenmuirSupreme Court of Missouri · 1885

3Cited by26 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. Grace v. PerrySupreme Court of Missouri · 1906
  3. Cross v. HochSupreme Court of Missouri · 1899
  4. Lewis v. PitmanSupreme Court of Missouri · 1890
  5. Armor v. FreySupreme Court of Missouri · 1910

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