Balak v. Susanka
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William B. Homer, Judge. (1) The test of a testator’s competency to make a will is, that he understood the business about which he engaged when he had. his will prepared and executed it, knew the persons who were the natural objects of his bounty arid understood his relations -to them and knew what property he had and the disposition he desired to make of it.
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Appeal from St. Louis City Circuit Court. — Hon. William B. Homer, Judge. (1) The test of a testator’s competency to make a will is, that he understood the business about which he engaged when he had. his will prepared and executed it, knew the persons who were the natural objects of his bounty arid understood his relations -to them and knew what property he had and the disposition he desired to make of it. Winn v. Grier, 217 Mo. 420; Weston v. Hanson, 212 Mo. 248 ; Archambault v. Blanchard, 198 Mo. 384; Sayre v. Trustees Princeton University, 192 Mo. 95; Story v. Story, 188 Mo. 110; Hamon v.…
1Opinion of the CourtAllen, J.
This is a proceeding instituted by William Balak, John Balak and Mary Rose, to contest the validity of an instrument purporting to be the last will and testament of their mother, Josefa Balak, deceased, and which had been duly probated as such. Prom a verdict and judgment in favor of plain*465tiffs, the defendant, Joseph Susanka, a brother of the deceased, appeals.
The amended petition upon which the case was tried, alleges that the deceased, Mrs. Balak, lacked testamentary capacity to make a will, at the time of the execution of the instrument in question, and that the latter was the product of…
Also in this document: Concurrence.
2Cases cited17 opinions
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Mowry v. NormanSupreme Court of Missouri · 1907
- Turner v. AndersonSupreme Court of Missouri · 1911
- Winn v. GrierSupreme Court of Missouri · 1909
- Meier v. BuchterSupreme Court of Missouri · 1906
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3Cited by3 opinions
- Gorman v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1930
- Matthews v. TurnerMissouri Court of Appeals · 1979
- Welch v. WelchSupreme Court of Missouri · 1945