Brinkman v. Rueggesick
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. A. J. Seay, Judge. This was an action brought by the sisters and brothers of Casper H. Bueggesick, deceased, to set aside his will. The defendant, Christine Bueggesick, was the sister-in-law and sole legatee, and defendant Hasten Buschmann was the executor of the will. as to the testamentary capacity of deceased, cited Horne v. Horne, 9 Ired. 99; Stevens v. Vamcleve, 4 Wash. C. C. 262; 3 Wash.
Read the full summary
Appeal from Gasconade Circuit Court. — Hon. A. J. Seay, Judge. This was an action brought by the sisters and brothers of Casper H. Bueggesick, deceased, to set aside his will. The defendant, Christine Bueggesick, was the sister-in-law and sole legatee, and defendant Hasten Buschmann was the executor of the will. as to the testamentary capacity of deceased, cited Horne v. Horne, 9 Ired. 99; Stevens v. Vamcleve, 4 Wash. C. C. 262; 3 Wash. C. C. 580; Stubbs v. Houston, 33 Ala. 555; Banks v. Goodfellow, Law Bep. 5 Q. B. 567; Kinne v. Kinne, 9 Conn. .102; Potts o. House, 6 G-a. 324, 350; Hovey v.…
1Opinion of the CourtNapton, J.
The judgment in this case must be reversed and the cause remanded, because of what we understand to be an erroneous criterion adopted by the judge, of the testamentary capacity of the testator. The views of the court who tried the case without a jury were expressed in a series of instructions, which are as follows: 1. “Although the evidence may show that the testator had many lucid intervals, yet if it appears that even in such intervals he could not manage his own affairs or transact any business, then he was wholly unable to make a will. 2. Although it may appear from the evidence that the…
2Cases cited1 opinion
- Stubbs v. HoustonSupreme Court of Alabama · 1859
3Cited by31 opinions
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Jackson v. HardinSupreme Court of Missouri · 1884
- Thompson v. IshSupreme Court of Missouri · 1889
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- McFadin v. CatronSupreme Court of Missouri · 1894
26 more not listed; retrieve them via the Exa API.