Legal Opinion

Carl v. Gabel

Supreme Court of Missouri

Decided February 19, 1894PublishedCited by 25 opinions

Appeal from Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) Undue influence can not be inferred because the testatrix was old and feeble in mind and body nor because she made an unreasonable will. M.acldox v. Maddox, 21 S. W. Rep. 502; Myers v. Hauger, 98 Mo. 438; Eckert v. Flowry, 43 Pa.

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Appeal from Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) Undue influence can not be inferred because the testatrix was old and feeble in mind and body nor because she made an unreasonable will. M.acldox v. Maddox, 21 S. W. Rep. 502; Myers v. Hauger, 98 Mo. 438; Eckert v. Flowry, 43 Pa. St. 52. (2) The fact that defendant, at the request of testatrix called in an attorney to write the will, and at the attorney’s request got two of his neighbors to go to his house to witness the will justifies no inference of undue influence. Stirling v. Stirling, 64 Md. 138. (3) The presence of…

1Opinion of the CourtBkace, J.

This is a statutory proceeding instituted in the circuit court of Jackson county, to contest the validity of the will of Pauline Williams theretofore duly admitted to probate in the probate court of said *287county in the month of November, 1888, whereby she devised and bequeathed all her estate to the plaintiff, Headwig Harder Carl, her granddaughter and only heir at law, and to the defendant, William dab el. The property consisted of' a lot in Kansas City and personal property of the value of about $1,500. By the will she. bequeathed all her personal property to the defendant (label, who was…

2Cases cited5 opinions

  1. Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
  2. Harris v. HaysSupreme Court of Missouri · 1873
  3. Bridwell v. SwankSupreme Court of Missouri · 1884
  4. Hill v. BellSupreme Court of Missouri · 1892
  5. Peers v. KirkhamSupreme Court of Missouri · 1870

3Cited by25 opinions

  1. Loehr v. StarkeSupreme Court of Missouri · 1933
  2. Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
  3. Berkemeier v. RellerSupreme Court of Missouri · 1927
  4. Mowry v. NormanSupreme Court of Missouri · 1907
  5. McFadin v. CatronSupreme Court of Missouri · 1897

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