Wendling v. Bowden
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Charles D. Stewart, Judge. (1) While statutory will contests are in a sense sui generis, they are on the same footing as ordinary lawsuits and the trial judge may direct a verdict where there is no substantial evidence to sustain a certain issue, and may direct a verdict one way or the other based upon the existence of uncontradicted' testimony on an issue or on the absence of proof on such issue.
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Appeal from Clark Circuit Court. — Hon. Charles D. Stewart, Judge. (1) While statutory will contests are in a sense sui generis, they are on the same footing as ordinary lawsuits and the trial judge may direct a verdict where there is no substantial evidence to sustain a certain issue, and may direct a verdict one way or the other based upon the existence of uncontradicted' testimony on an issue or on the absence of proof on such issue. Teckenbrock v. McLaughlin, 209 Mo. 539; McFaddin v. Catron, 138 Mo. 213; Bradford v. Beasson, 207 Mo. 228. (2) Neither courts nor juries can make the wills…
1Opinion of the CourtWoodson, P. J.
The respondents instituted this suit in the circuit court of Clark county to contest the last will and testament of Samuel Bowden, who lived for more than a half of a century in that county and died in the month of April, 1908.
The contestants and proponents are the sole surviving children who are devisees under the will, as well as the only heirs at law of deceased.
The petition charged mental incapacity on the part of the testator to make the will, and undue influence exercised over his mind by the proponents. The answer put in issue those charges and asked that said will be adjudged the last…
2Cases cited23 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Mowry v. NormanSupreme Court of Missouri · 1907
- Garland v. SmithSupreme Court of Missouri · 1901
- Turner v. AndersonSupreme Court of Missouri · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- State v. DunnSupreme Court of Missouri · 1979
- Loehr v. StarkeSupreme Court of Missouri · 1933
- State v. FosterSupreme Court of Missouri · 1961
- State v. LynchMissouri Court of Appeals · 1975
18 more not listed; retrieve them via the Exa API.