Bridwell v. Swank
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. Kate Lee having executed the alleged will, and died in 1878, and the descent being cast under Wagner’s Statutes (Edition of 1870), that statute must govern in the determination of the issues in this cause. In the determination of this cause, the jury manifestly disregarded the testimony and instructions of the court. Such being the case, the Supreme Court will interfere and reverse the judgment.
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Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. Kate Lee having executed the alleged will, and died in 1878, and the descent being cast under Wagner’s Statutes (Edition of 1870), that statute must govern in the determination of the issues in this cause. In the determination of this cause, the jury manifestly disregarded the testimony and instructions of the court. Such being the case, the Supreme Court will interfere and reverse the judgment. Ackley v. Staehlin, 56 Mo. 558; State ex rel. Nicholson v. Rombauer, 44 Mo. 595 ; State v. Burnside, 37 Mo. 343. It is charged in…
1Opinion of the Court
Martin, C.
This is a proceeding under the statutes to contest the validity of a will which had been formally proved in the probate court. The testatrix was a young-lady by the name of Kate Lamar Lee, who died of consumption at the age of nineteen at the residence of her guardian, William P. Swank, who was also the husband of her aunt, the principal beneficiary in the will. The contestants are her half-sisters, minor children of the same mother, who had married again after the death of the father of the testatrix. It is alleged in the petition that the testatrix at the time of her decease in…
2Cases cited4 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Benoist v. MurrinSupreme Court of Missouri · 1871
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
- Lamb v. HelmSupreme Court of Missouri · 1874
3Cited by10 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Estate of TrefrenCalifornia Court of Appeal · 1948
- Carl v. GabelSupreme Court of Missouri · 1894
- Cornet v. CornetSupreme Court of Missouri · 1913
- Barkley v. Barkley Cemetery Ass'nSupreme Court of Missouri · 1899
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