Legal Opinion

Bonsal v. Randall

Supreme Court of Missouri

Decided December 22, 1905PublishedCited by 8 opinions

Appeal from Jasper Circuit Court . — Hon-. Hu-gli Dabbsr Judge. (1) Any influence, however exercised, which destroys free agency and substitutes the will of another for that of the person in whose name the act brought in judgment is done, is undue and wrongful. Dingman v. Routine, 141 Mo. 466. (2) The clause reserving the life estate in the deed does not make the conveyance a will.

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Appeal from Jasper Circuit Court . — Hon-. Hu-gli Dabbsr Judge. (1) Any influence, however exercised, which destroys free agency and substitutes the will of another for that of the person in whose name the act brought in judgment is done, is undue and wrongful. Dingman v. Routine, 141 Mo. 466. (2) The clause reserving the life estate in the deed does not make the conveyance a will. Likens v. Likens, 122 Mo. 279; Sneathen v. Sneathen, 104 Mo. 201; Allen v. DeGroodt, 105 Mo. 442. (3) Kate Randall and her father stood in such relation to each other that confidence was necessarily reposed by her…

1Opinion of the CourtGantt, J.

This is an appeal from the decree of the circuit court of Jasper county, dismissing a bill in equity brought by the plaintiff against the defendant, *528Kate B. Randall, to set aside a deed made by Vincent P. Bonsai to Kate Randall to tbe north half of lot number eleven, and thirty-seven and a half feet off of the south side of lot number ten, in Patton’s addition to the town of Murphyburg, now known as the city of Joplin, which said deed was executed on the 29th of April, 1899.

It is alleged in the petition that the plaintiff is a son of said Vincent P. Bonsai, deceased, and that the defendants…

2Cases cited2 opinions

  1. Maddox v. MaddoxSupreme Court of Missouri · 1893
  2. Doherty v. NobleSupreme Court of Missouri · 1897

3Cited by8 opinions

  1. Huffman v. HuffmanSupreme Court of Missouri · 1909
  2. Rowe v. FreemanOregon Supreme Court · 1918
  3. Elzea v. DunnSupreme Court of Missouri · 1923
  4. Hershey v. HortonSupreme Court of Missouri · 1929
  5. Smith v. SmithSupreme Court of Missouri · 1921

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