Hahn v. Hammerstein
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. R. A. Breuer, Judge. (1) Give to the facts, circumstances and conditions their fullest force, they off or d no proof of the fact of marriage between Joseph Ehreiser and plaintiff’s mother, nor do they afford the slightest basis from which a marriage might be reasonably and fairly' inferred.
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Appeal from Franklin Circuit Court. — Hon. R. A. Breuer, Judge. (1) Give to the facts, circumstances and conditions their fullest force, they off or d no proof of the fact of marriage between Joseph Ehreiser and plaintiff’s mother, nor do they afford the slightest basis from which a marriage might be reasonably and fairly' inferred. Mooney v. Mooney, 244 Mo. 372; Conner v. Railroad, 181 Mo. 397; Higgins v. Railroad, 197 Mo. 300. Plaintiff could derive no financial interest in the estate' of Joseph Ehreiser from the fact that plaintiff might have been the natural but illegitimate child of…
1Opinion of the CourtBond, J.
I. In April, 1911, Joseph Ehreiser, eighty-eight years of age, executed his last will. On August 28, 1911, the testator died after a ten days’ illness of softening of the brain, contributed' to by cerebral hemorrhage.
The will and codicil were probated September 8, 1911. In November, 1912, this action to contest the will was brought by August Hahn, who claims to be a son and heir of the testator, and also that under a prior will executed in 1905 he was a devisee of about one-half the estate of the testator, which latter will was revoked by the one executed in 1911.
The grounds of the action are…
2Cases cited10 opinions
- Winn v. GrierSupreme Court of Missouri · 1909
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
- Sehr v. LindemannSupreme Court of Missouri · 1899
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- Cram v. CramSupreme Court of Vermont · 1860
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3Cited by24 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Zerbinos v. LewisAlaska Supreme Court · 1964
- De Donato v. WellsSupreme Court of Missouri · 1931
- McNulty Ex Rel. McNulty v. HeitmanMissouri Court of Appeals · 1980
- Rex v. Masonic HomeSupreme Court of Missouri · 1937
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