Legal Opinion

Appleby v. Brock

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 17 opinions

Appeal from Carroll Circuit Court.—Hon. E. J. Broaddus, Judge.

1Opinion of the CourtHough, J.

This is a proceeding, under the statute, to contest the validity of the will of Joel Brock, deceased. An issue was framed as required by the statute, which was by agreement submitted to the court sitting as a jury, the trial of which resulted in a finding and judgment against the validity of the will.

1. proceedings to weight'of'eviaence. It has been several times decided by this court that proceedings under the statute to contest the validity of a will> are proceedings at law. Lyne v. Marcus, 1 Mo. 410; Trotters v. Winchester, 1 Mo. 414; Swain v. Gilbert, 3 Mo. 347; Young v. Ridenbaugh, 67…

2Cases cited11 opinions

  1. Baldwin v. StateSupreme Court of Missouri · 1848
  2. Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
  3. Brinkman v. RueggesickSupreme Court of Missouri · 1880
  4. Crowe v. PetersSupreme Court of Missouri · 1876
  5. Cram v. CramSupreme Court of Vermont · 1860

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3Cited by17 opinions

  1. Estate of DolbeerCalifornia Supreme Court · 1906
  2. Thompson v. IshSupreme Court of Missouri · 1889
  3. State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
  4. Winn v. GrierSupreme Court of Missouri · 1909
  5. In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917

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