Legal Opinion

Fulton v. Freeland

Supreme Court of Missouri

Decided April 13, 1909PublishedCited by 16 opinions

Appeal from Holt Circuit Court.- — Hon. W. G. Ellison, Judge. (1) The conrt erred in rejecting and refusing to admit competent and material evidence offered by plaintiff. Baldwin v. Robinson, 53 N. W. 531; Shep-ardson v. Potter, 18 N. W. 575; Haynes v. Hayden, 95 Mich. 332; In re SchelPs Estate, 28 Colo. 168; Clough v. Clough, 10 Colo.

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Appeal from Holt Circuit Court.- — Hon. W. G. Ellison, Judge. (1) The conrt erred in rejecting and refusing to admit competent and material evidence offered by plaintiff. Baldwin v. Robinson, 53 N. W. 531; Shep-ardson v. Potter, 18 N. W. 575; Haynes v. Hayden, 95 Mich. 332; In re SchelPs Estate, 28 Colo. 168; Clough v. Clough, 10 Colo. App. 443; In re Flint’s Estate, 100 Cal. 391; In re Rufino, 116 Cal. 316; Potter v. Baldwin, 133 Mass. 427; Ketchum v. Stearns, 76 Mo. 396; Sun-derland v. Hood, 84 Mo. 293; Fingley v. Cowgill, 48 Mo. 296; Cowgill v. Kennedy, 24 So. 459; Davis v. Calvert, 5 Gr.…

1Opinion of the Court

GRAVES, J. —

Action by plaintiff, the son of William J. Fnlton, deceased, contesting the will of deceased made in March, 1889. By said will it was provided (1) expenses of funeral to he paid out of personal property, (2) that executor sell so much of testator’s property as may he required to pay debts and pay same, and (3) bequest of one dollar “and no more” to the plaintiff.

The remaining four paragraphs or items of this will read:

“Item 4th. I hereby devise and bequeath to my beloved wife, Elzie, all the residue of my estate, both real and personal.
“Item 5th. In case my said wife shall die…

2Cases cited13 opinions

  1. Mowry v. NormanSupreme Court of Missouri · 1907
  2. Pierce v. PierceMichigan Supreme Court · 1878
  3. Dickie v. CarterIllinois Supreme Court · 1866
  4. In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
  5. Webber v. SullivanSupreme Court of Iowa · 1882

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Turner v. AndersonSupreme Court of Missouri · 1911
  2. In Re Allen's Estate.Michigan Supreme Court · 1925
  3. Stevens v. MyersOregon Supreme Court · 1912
  4. Bushman v. BarlowSupreme Court of Missouri · 1927
  5. Diggins v. DigginsOregon Supreme Court · 1915

11 more not listed; retrieve them via the Exa API.

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