Riggin v. Board of Trustees of Westminster College
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. Reuben F. Roy, Judge. ' (1) Tbe evidence- substantially tends to show for tbe time being general disablement of testamentary volition at the occasion of the alleged will, combining with symptoms of acquired mental enfeeblement the symptoms of mental perversion. Am. Bible Soc. v. Price, 115 111. 642; Ins. Co. v. Rodel, 95 U. S. 232; Ins.
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Appeal from Hannibal Court of Common Pleas. — Hon. Reuben F. Roy, Judge. ' (1) Tbe evidence- substantially tends to show for tbe time being general disablement of testamentary volition at the occasion of the alleged will, combining with symptoms of acquired mental enfeeblement the symptoms of mental perversion. Am. Bible Soc. v. Price, 115 111. 642; Ins. Co. v. Rodel, 95 U. S. 232; Ins. Co. v. Broughton, 109 U. S. 121. (2) Mere eccentricity is not insanity, and yet eccentric feats may be a symptom of insanity. Schouler on Wills (2 Ed.), sees. 188 and 152; Bristead v. Weeks, 5 Redf. 529;…
1Opinion of the CourtBurgess, J.
This is a proceeding under the statute to contest the validity of the will of William Sausser, who died on the fourteenth day of January, 1892, at the advanced age of seventy-seven years.
The validity of the will is assailed upon various grounds set forth in the petition, including undue influence in the procurement of the execution of the will, by his wife, Adelaide Sausser, and the want of mental capacity in the testator 'to make a will. The.trial court excluded all other questions, and confined the issues to the single one as to whether there was in fact a will or not.
*575The proponents having…
2Cases cited9 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- McFadin v. CatronSupreme Court of Missouri · 1897
- Will of SmithWisconsin Supreme Court · 1881
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3Cited by11 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Southworth v. SouthworthSupreme Court of Missouri · 1903
- Crum v. CrumSupreme Court of Missouri · 1910
- Hamon v. HamonSupreme Court of Missouri · 1904
- King v. GilsonSupreme Court of Missouri · 1907
6 more not listed; retrieve them via the Exa API.