Sitting v. Kersting
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The testimony relied on to show mental unsoundness to the degree of testamentary incapacity is lacking the requisite substance and probative force to overcome the presumption following the formal proofs, and that issue should have been withdrawn from the jury.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The testimony relied on to show mental unsoundness to the degree of testamentary incapacity is lacking the requisite substance and probative force to overcome the presumption following the formal proofs, and that issue should have been withdrawn from the jury. Cash v. Lust, 142 Mo. 630; Winn v. Grier, 217 Mo. 444; Hughes v. Rader, 183 Mo. 705; Hahn v. Hammerstein, 272 Mo. 258; Gibney v. Foster, 230 Mo. 131. (2) The belief which is shown to have been entertained by Mrs. Wolf shortly after making her will, that the…
1Opinion of the CourtWilliams, P. J.
This is a suit to contest the will of Katharina Wolf, on the grounds of mental incapacity and undue influence. Plaintiffs are the nephew and niece and the children of a deceased niece of the testatrix. The defendants, Frederick Boettler and Mamie Schmiedeke, who were in no way related to testatrix, receive by the will nearly all of the property. Henry Kersting, the remaining defendant, was the attorney who drafted the will and is named as executor therein. Trial was had in the Circuit Court of the City of St. Louis before a jury, which resulted in a judgment setting aside the will. Defendants…
2Cases cited10 opinions
- Mowry v. NormanSupreme Court of Missouri · 1907
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Walser v. WearSupreme Court of Missouri · 1897
- Cornet v. CornetSupreme Court of Missouri · 1913
- Fuggle v. HobbsSupreme Court of Missouri · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Wilhoit v. FiteSupreme Court of Missouri · 1960
- Cook v. HigginsSupreme Court of Missouri · 1921
- Canty v. HalpinSupreme Court of Missouri · 1922
- Ehrlich v. MittelbergSupreme Court of Missouri · 1923
2 more not listed; retrieve them via the Exa API.