Turner v. Butler
Supreme Court of Missouri
Appeal from Boone Circnit Court. — Ron. N. D. Thurmond, Judge. (1) The court should have submitted to the jury the issue of undue influence, as the evidence was substantial enough to raise a presumption of undue influence and was substantial enough to show undue influence without the presumption, (a) Where one stands in a confidential or fiduciary relation to testator and a will is made in his favor there is a presumption of undhe influence.
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Appeal from Boone Circnit Court. — Ron. N. D. Thurmond, Judge. (1) The court should have submitted to the jury the issue of undue influence, as the evidence was substantial enough to raise a presumption of undue influence and was substantial enough to show undue influence without the presumption, (a) Where one stands in a confidential or fiduciary relation to testator and a will is made in his favor there is a presumption of undhe influence. Mowry v. Norman, 223 Mo'. 476-, 204 Mo. 189; Roberts v. Bartlett, 1901 Mo. 702; Bradford v. Blossom, 190 Mo. 143; Dausman v. Rankin, 189' Mo. 708; Maddox…
1Opinion of the Court
BROWN, C.
statutory contest.
This is a statutory contest of the will of John Butler, late of Boone county, Missouri, by plaintiff, his granddaughter, against his widow, four children, Loutitia Phelan, Mary Woods, Martin Butler and Lizzie Vantine, a grandson, John Butler, only heir of a deceased son, William Butler, and Butler and Thornton Stewart, grandsons, who with plaintiff aré the three heirs of a deceased daughter, Annie Butler Stewart. The executors are also made parties. The grounds of the contest are fraud, undue influence, alteration of the instrument after signature and unsoundness of…
2Cases cited7 opinions
- Lamb v. LippincottMichigan Supreme Court · 1898
- Gibony v. FosterSupreme Court of Missouri · 1910
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Mowry v. NormanSupreme Court of Missouri · 1909
- White v. United Railways Co.Supreme Court of Missouri · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bushman v. BarlowSupreme Court of Missouri · 1927
- Sitting v. KerstingSupreme Court of Missouri · 1920
- Balak v. SusankaMissouri Court of Appeals · 1914
- Dowd v. SchoeningMissouri Court of Appeals · 1955
- Nicholson v. DuffMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.