Corby v. Corby
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court.—Hon. Jos. P. G-rtjkb, Judge. (1) Those portions of the .will in question which ■seek to enjoin a trust upon Mrs. Corby, by which parts of the testator’s estate were to be disposed of to advance the cause of religion and promote the cause of charity, in mich a manner as to meet the views of the testator secretly ■communicated at some time by said' testator to Mrs. Corby, were void, because such parts.were not reduced to writing and duly…
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Appeal from, Buchanan Circuit Court.—Hon. Jos. P. G-rtjkb, Judge. (1) Those portions of the .will in question which ■seek to enjoin a trust upon Mrs. Corby, by which parts of the testator’s estate were to be disposed of to advance the cause of religion and promote the cause of charity, in mich a manner as to meet the views of the testator secretly ■communicated at some time by said' testator to Mrs. Corby, were void, because such parts.were not reduced to writing and duly attested by the subscribing witnesses, as required by the statutes of this state. R. S., sec. 3962; 1 Jarman on Wills (5…
1Opinion of the Court
John C. Gage, Special Judge.
The plaintiffs are a part of the heirs at law and legal representatives of John Corby, deceased. The defendant, Amanda Corby, is the widow of said John Corby, and the other defendants are all his other heirs at law. „The defendants demurred to the petition of plaintiffs in the court below, and their demurrer was sustained, the court holding that the peti*382•tion stated no eanse of action. The petition states that John Corby died May 9, 1870, seized and possessed of a .large amount of real and personal property, which is fully described ; that the plaintiffs and…
2Cited by11 opinions
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Hadley v. ForseeSupreme Court of Missouri · 1907
- Morton v. ForseeSupreme Court of Missouri · 1913
- Blumer v. GillespieSupreme Court of Missouri · 1936
- Gossett v. SwinneyCourt of Appeals for the Eighth Circuit · 1931
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