Riley v. Sherwood
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) There was not a word of evidence that any of the defendants exercised any influence over testator in procuring the will.„ Berberet v. Berberet, 131 Mo. 399; JDoJierty v. Gilmore, 136 Mo. 415; Farmer v. Farmer, 129 Mo. 538; Carl v. Gabel, 120 Mo. 283; Norton v. Paxton, 110 Mo. 461; Jackson v. Hardin, 83 Mo. 184. (2) There was no evidence showing testator’s want of capacity to make the will, and the court…
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) There was not a word of evidence that any of the defendants exercised any influence over testator in procuring the will.„ Berberet v. Berberet, 131 Mo. 399; JDoJierty v. Gilmore, 136 Mo. 415; Farmer v. Farmer, 129 Mo. 538; Carl v. Gabel, 120 Mo. 283; Norton v. Paxton, 110 Mo. 461; Jackson v. Hardin, 83 Mo. 184. (2) There was no evidence showing testator’s want of capacity to make the will, and the court should have so instructed the jury. The evidence at best was but that of fickleness and caprice, on account of which wills…
1Opinion of the CourtGantt, P. J.
Mrs. E. A. Shootman died in Mexico, Missouri, in February, 1895, at the age of *357seventy-eight years. She left surviving her four daughters: Mrs. Georgiana Riley, Mrs. Mollie Showers, Mrs. Minnie Sherwood and Mrs. Fannie Tyrrell, and one son, Lucian E. Shootman. Her children were all married and had homes of their own. The old lady lived in some rooms over one of her business houses in the city of Mexico, and ordinarily stipulated for her board and necessary attention when leasing her other rooms to her tenants on the same floor. She had moved to Mexico with her husband and children from Fulton…
2Cases cited8 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Benoist v. MurrinSupreme Court of Missouri · 1874
- McFadin v. CatronSupreme Court of Missouri · 1897
- Berberet v. BerberetSupreme Court of Missouri · 1895
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Patterson v. LambCourt of Appeals of Texas · 1899
- Winn v. GrierSupreme Court of Missouri · 1909
- Sehr v. LindemannSupreme Court of Missouri · 1899
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Hughes v. RaderSupreme Court of Missouri · 1904
15 more not listed; retrieve them via the Exa API.