Eddie v. Greene Parke's
Supreme Court of Missouri
Error to St. Louis Circuit Court. The facts of the case are stated in the opinion of the court. I. The proceeding to set aside a will'formally probated is not an action brought by one party against another, nor is it instituted under the present Practice Act. II.
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Error to St. Louis Circuit Court. The facts of the case are stated in the opinion of the court. I. The proceeding to set aside a will'formally probated is not an action brought by one party against another, nor is it instituted under the present Practice Act. II. If the devisees are necessary parties because they take an interest under the will, then in case of a suit to probate a will all the heirs-at-law must be made parties defendant, because the will would affect their inheritance. But the law is not so and never was. (R. O. 1855, Wills, § 14, 16, 30.) III. This proceeding of the circuit…
1Opinion of the CourtBay, Judge
James Eddie and Elizabeth his wife filed in. the circuit court of St. Louis county, at the February term, 1858, a petition to contest the validity of the will of Gx*eene Pax’ke, who died in October, 1857.
The petitioxx avers that said Parke left no widow, and no descendants except the said Elizabeth and her two infant children ; that by said will he gave to said Elizabeth a legacy of fifty dollars, and gave the residue of his estate, consisting of personal and real property, of the value of from three to six thousand dollars, to his grand-children, the children of said Elizabeth. The…
2Cases cited1 opinion
- Harding v. WheatonSupreme Court of the United States · 1826
3Cited by16 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- State Ex Rel. Eagleton v. HallSupreme Court of Missouri · 1965
- Thomson v. ButlerCourt of Appeals for the Eighth Circuit · 1943
- Watson v. AldersonSupreme Court of Missouri · 1898
- Blatt v. HaileSupreme Court of Missouri · 1956
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