Bush v. Bush
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hoar.' Theodore Brace, Judge. • (1) The court erred in giving defendants’ instruction which was in effect a demurrer to the evidence and a ruling that there was no evidence tending to show testamentary incapacity or undue influence.
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Appeal from Marion Circuit Court. — Hoar.' Theodore Brace, Judge. • (1) The court erred in giving defendants’ instruction which was in effect a demurrer to the evidence and a ruling that there was no evidence tending to show testamentary incapacity or undue influence. Buesching v. Gas Light Co., 73 Mo. 219 ; Frick v. Ry., 75 Mo. 601. A testament made by over importunement is ineffectual, “ As if a man make his will in sickness by the over importuning of his wife to the end that he may be quiet, this shall be said to be a will by constraint and shall not' be a good will.” 1 Jarmon on Wills (5…
1Opinion of the CourtHenry, C. J.
This is a proceeding commenced in the circuit court of Marion county to contest the validity ■of the will of John Bush, deceased. The will was dated October 10, 1876, and a codicil was made January 1, 1877. On the trial, the defendants, proponents of the will, offered as evidence the will and codicil, and . proved its. execution and attestation by the subscribing witnesses. Also introduced testimony tending to prove testamentary capacity of the testator, and closed.
Plaintiff’s testimony disclosed the following facts: That the testator had been married twice, and had five children living by…
2Cases cited2 opinions
- Gibson v. GibsonSupreme Court of Missouri · 1857
- Tingley v. CowgillSupreme Court of Missouri · 1871
3Cited by14 opinions
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- Scheuer v. StateMontana Supreme Court · 1904
- In Re Estate of GregoryCalifornia Supreme Court · 1901
- Walton v. KendrickSupreme Court of Missouri · 1894
- McFarland v. BishopSupreme Court of Missouri · 1920
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