Heinbach v. Heinbach
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Eon. Edgar B. Wool-folk, Judge. (1) The court committed error in excluding the testimony as to the mental condition of Samuel Hein-bach, and his actions, manner, imaginations and hallucinations. The court erred in excluding the evidence as to his manner of talk and ability to talk and carry on a conversation and understand business transactions. The court erred in excluding the evidence as to Hein-bach’s drinking and as to the white horse.
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Appeal from Pike Circuit Court. — Eon. Edgar B. Wool-folk, Judge. (1) The court committed error in excluding the testimony as to the mental condition of Samuel Hein-bach, and his actions, manner, imaginations and hallucinations. The court erred in excluding the evidence as to his manner of talk and ability to talk and carry on a conversation and understand business transactions. The court erred in excluding the evidence as to Hein-bach’s drinking and as to the white horse. (2) The court erred, in excluding the evidence hearing on the issue of undue influence.' (3) It was error for the trial…
1Opinion of the Court
WHITE, C.
This action was brought in the circuit court of Ralls County by the widow of- Samuel Hein-bach to establish his will, it having been rejected by the probate • court. The defendants are the children of Samuel Heinbach by a former marriage. The will was formally executed September 7, 1909; Heinbach died in Ralls County January 3, 1910.
This is the second appeal of this case. Its determination on a former appeal is reported in 262 Mo. 69. On this appeal it presents entirely different questions for solution.
The deceased, Samuel Heinbach, married his first wife, Sarah, at Richmond,…
2Cases cited21 opinions
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- State v. DavidSupreme Court of Missouri · 1895
- Winn v. GrierSupreme Court of Missouri · 1909
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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