Meier v. Buchter
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) Where there is evidence, as in this case, that at the time the will was made testator was old, feeble in body and mind from sickness and old age, and had not sufficient understanding and intelligence to transact his ordinary business affairs and to comprehend the transaction then in question, the nature and extent of his property, the natural objects of his bounty and to whom he was giving the same,…
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Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) Where there is evidence, as in this case, that at the time the will was made testator was old, feeble in body and mind from sickness and old age, and had not sufficient understanding and intelligence to transact his ordinary business affairs and to comprehend the transaction then in question, the nature and extent of his property, the natural objects of his bounty and to whom he was giving the same, then he had not sufficient capacity to make a will. Aylward v. Briggs, 145 Mo. 609; Carl v. Gabel, 120: Mo. 290. (2) The…
1Opinion of the CourtLamm, J.
Plaintiffs sued on May 5, 1903, to set aside the will of Theodore Albert Thomas, charging undue influence and fraud — the product of a conspiracy between proponents — and testamentary incapacity. A verdict for proponents being coerced by a mandatory instruction, nisi, contestants appeal, assigning error in the exclusion of testimony and in the giving of said instruction.
Contestants are two married daughters of decedent, Anna S. Mfeier and Emilia A. Bacher, and a son, Louis A. Thomas. The petition charged that one daughter, Louisa M. Thomas, joined with the 'other *74contestees in the wrongful…
2Cases cited11 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- McFadin v. CatronSupreme Court of Missouri · 1894
- Gay v. GillilantSupreme Court of Missouri · 1887
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1891
- Von De Veld v. JudySupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Look v. FrenchSupreme Court of Missouri · 1940
- Jamison v. JamisonMississippi Supreme Court · 1909
- Williams v. BaileyMichigan Supreme Court · 1915
- Byrne v. FulkersonSupreme Court of Missouri · 1914
- Harris v. SchoonmakerWyoming Supreme Court · 1936
26 more not listed; retrieve them via the Exa API.