Legal Opinion

Harris v. Hays

Supreme Court of Missouri

Decided July 15, 1873PublishedCited by 26 opinions

Appeal from Lafayette Circuit Court. I. The admissions of the widow, as to her control over, and influence exerted upon deceased in the making of said alleged will, should have been admitted. II. The burden of proof of the will, is on the propounders of it. (Farrell’s Admr. vs. Brennan’s Admr., 32 Mo., 333; Tingley vs. Cowgill, 48 Mo., 291; Benoist vs. Murrin, 48 Mo., 48) In tlie Circuit Court the will must be probated de novo in the “ solemn form.”

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Appeal from Lafayette Circuit Court. I. The admissions of the widow, as to her control over, and influence exerted upon deceased in the making of said alleged will, should have been admitted. II. The burden of proof of the will, is on the propounders of it. (Farrell’s Admr. vs. Brennan’s Admr., 32 Mo., 333; Tingley vs. Cowgill, 48 Mo., 291; Benoist vs. Murrin, 48 Mo., 48) In tlie Circuit Court the will must be probated de novo in the “ solemn form.” (Hickey vs. Malechi, 6 Mo., 177; Benoist vs. Murrin, 48 Mo., 48 ; Garvin vs. Williams, 50 Me., 211.) III. The court was in this cause exercising…

1Opinion of the CourtNapton, Judge

This was a proceeding under our statute to set aside the will of James W. Harris, on the ground of undue influence over the testator by his second wife and one of his daughters and her husband — the testator being at the date of the will about sixty-four years old, and his body and mind greatly impaired by disease. The petition is made by two of his children, who were cut off by a legacy of five dollars each in the will. There is attached to the petition, a copy of the will, and the probate thereof, upon the testimony of the two subscribing witnesses. The testator had seven children, and…

2Cases cited1 opinion

  1. Dickey v. MalechiSupreme Court of Missouri · 1839

3Cited by26 opinions

  1. Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
  2. McFadin v. CatronSupreme Court of Missouri · 1894
  3. Miller v. LivingstoneUtah Supreme Court · 1906
  4. Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
  5. Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901

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