McClintock v. Curd
Supreme Court of Missouri
Error to Callaway Circuit Court. The facts are sufficiently stated in the opinion. The following instructions given do not appear in the opinion: By the court: 8. If the jury find that the testator was a young man of weak, disordered intellect; was so impaired and weakened from any cause as to subject him to the dominion, control, or influence of those with whom he lived; and the jury find that they, or any of them, exercised such influence and control over his mind in the…
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Error to Callaway Circuit Court. The facts are sufficiently stated in the opinion. The following instructions given do not appear in the opinion: By the court: 8. If the jury find that the testator was a young man of weak, disordered intellect; was so impaired and weakened from any cause as to subject him to the dominion, control, or influence of those with whom he lived; and the jury find that they, or any of them, exercised such influence and control over his mind in the disposition of his property as to destroy his liberty and free will, and cause it to be made to suit their wishes, and…
1Opinion of the CourtBay, Judge
This was a proceeding under our statute of wills to contest the validity of the will of Thomas R. Freeland, deceased. The petition alleges two grounds upon which the plaintiffs rely to set aside the will. First, that at the time of its execution said Freeland was not of sound and disposing mind. *417Second, that the same was obtained by fraud and undue influence exercised upon the mind of said Freeland.
These allegations are traversed by the answer. Upon the trial of the cause, at the April term, 1861, of the Callaway Circuit Court, the jury found the issues for the defendants ; whereupon…
2Cases cited3 opinions
- Boyd v. EbySupreme Court of Pennsylvania · 1839
- Samuel v. WithersSupreme Court of Missouri · 1852
- Greene v. Chickering & McKaySupreme Court of Missouri · 1846
3Cited by11 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Kelly v. PerraultIdaho Supreme Court · 1897
- Jefferson Bank v. Merchants Refrigrating Co.Supreme Court of Missouri · 1911
- Young v. RidenbaughSupreme Court of Missouri · 1878
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