Lindsay v. Shaner
Supreme Court of Missouri
Appeal from St. Francois Circuit Court.—Hon. Peter II. Finch, Judge. (1) In all transactions between persons in whom confidence is naturally inspired, is presumed, or in fact reasonably exists, the burden of proof is thrown upon the persons in whom the confidence is imposed to show affirmatively that no deception was practiced; that no undue influence was used; that all was fair, open, voluntary and well understood.
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Appeal from St. Francois Circuit Court.—Hon. Peter II. Finch, Judge. (1) In all transactions between persons in whom confidence is naturally inspired, is presumed, or in fact reasonably exists, the burden of proof is thrown upon the persons in whom the confidence is imposed to show affirmatively that no deception was practiced; that no undue influence was used; that all was fair, open, voluntary and well understood. Egger v. Egger, 225 Mo. 137. (2) Undue influence need not be shown by direct proof, but may be inferred from facts and circumstances, such as the relation of the parties, the…
1Opinion of the Court
The action is a will contest. It involves the usual grounds of testamentary incapacity and undue influence. The issue was made up, as provided by statute, and submitted to a jury. The jury favored the proponents of the will on the question of testamentary incapacity, and determined adversely to them on the question of undue influence. Proponents moved for a new trial and were successful, whereupon contestants have prosecuted their appeal to this court from the order granting a new trial.
In the order allowing a new trial, the trial court did not specify of record, as required by statute, the…
2Cases cited23 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Mowry v. NormanSupreme Court of Missouri · 1907
- Turner v. AndersonSupreme Court of Missouri · 1911
- Maddox v. MaddoxSupreme Court of Missouri · 1893
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3Cited by17 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Patton v. SheltonSupreme Court of Missouri · 1931
- Weaver v. AllisonSupreme Court of Missouri · 1937
- Evans v. PartlowSupreme Court of Missouri · 1929
- State Ex Rel. Gordon v. TrimbleSupreme Court of Missouri · 1927
12 more not listed; retrieve them via the Exa API.