Gruender v. Frank
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Eon. John M. Williams, Judge. (1) The court erred in not giving .the instructions asked by defendants in the nature of a demurrer to the evidence, for the reason that the petition is fatally defective in failing to allege that plaintiffs were interested in the disposition or devolution of the estate of deceased, and no evidence was given or offered to show such interest.
Read the full summary
Appeal from Cole Circuit Court. — Eon. John M. Williams, Judge. (1) The court erred in not giving .the instructions asked by defendants in the nature of a demurrer to the evidence, for the reason that the petition is fatally defective in failing to allege that plaintiffs were interested in the disposition or devolution of the estate of deceased, and no evidence was given or offered to show such interest. Borland on Wills (Enlarged Ed.), sec. 74; R. S. 1909, sec. 555; State ex rel. v. McQuillin, 246 Mo. 689; Lilly v. Tobbein, 103 Mo. 477; Church v. Tobbein, 82 Mo. 418; ITans v. Holler, 165 Mo.…
1Opinion of the Court
WILLIAMS, C.
This is a suit to set aside the will of Rev. John Gruender, deceased.
From a verdict and judgment revoking the will, upon trial in the circuit court of Cole County, defendants have duly appealed to this court.
The case was argued and submitted at the April (1915) term of this.court, and was then assigned to the late lamented Judge Brown. His untimely death intervening necessitated a reassignment of the case which was recently done. Hence the delay in delivering an opinion in the case.
The conclusion that we have reached in the case renders it unnecessary that we should burden this…
2Cases cited21 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Ward v. . PetrieNew York Court of Appeals · 1898
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Pence v. AugheIndiana Supreme Court · 1885
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Casper v. LeeSupreme Court of Missouri · 1952
- Braeuel v. ReutherSupreme Court of Missouri · 1917
- Hahn v. HammersteinSupreme Court of Missouri · 1917
- Ehrlich v. MittelbergSupreme Court of Missouri · 1923
- Odom v. LangstonSupreme Court of Missouri · 1943
17 more not listed; retrieve them via the Exa API.