Carlson v. Lafgran
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The court erred in refusing the demurrer asked at the close of the proponents’ evidence, (a) There was no proof of testamentary capacity on- the part of the alleged testator as required by the statute, E. S. 1909, sec. 535; there was' no proof of execution of the will.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The court erred in refusing the demurrer asked at the close of the proponents’ evidence, (a) There was no proof of testamentary capacity on- the part of the alleged testator as required by the statute, E. S. 1909, sec. 535; there was' no proof of execution of the will. Cowan v. Shaver, 197 Mo. 208 ; Cash v. Lust, 142 Mo. 630; Crumm v. Crumm, 231 Mo. 626; G-ibony v. Poster, 230 Mo. 106; Winn v. Crier, 217 Mo. 420., (b) There was no proof of a request expressed or implied by the testator that his will should be attested, and…
1Opinion of the Court
BLAIR, C.
Will Contest. This is a proceeding instituted by the heirs at law of Neis Johnson to contest the validity of an instrument purporting to be and duly probated as his will. Prom a verdict and judgment for proponents plaintiffs appealed.
The petition alleges that (1) Johnson lacked testamentary capacity, (2) the will was the product of undue influence and (3) Johnson did not understand English and did not sign the instrument "as and for his will, understanding and knowing the terms and contents thereof."
On the trial there was ample evidence warranting a verdict in favor of the will, but…
2Cases cited3 opinions
- Walton v. KendrickSupreme Court of Missouri · 1894
- Miltenberger v. MiltenbergerSupreme Court of Missouri · 1883
- Cowan v. ShaverSupreme Court of Missouri · 1906
3Cited by4 opinions
- Gardine v. CotteySupreme Court of Missouri · 1950
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Balak v. SusankaMissouri Court of Appeals · 1914
- Gardine v. CotteySupreme Court of Missouri · 1950