Hayes v. Hayes
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. F. G. Johnson, Judge. (1) An attack upon a will on tlie ground that it was procured by undue influence necessarily assumes the existence of a will otherwise valid and regularly executed. Upon this issue therefore, the burden of proof is on the contestants. Jones v. Roberts, 37 Mo.
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Appeal from Barry Circuit Court. — Hon. F. G. Johnson, Judge. (1) An attack upon a will on tlie ground that it was procured by undue influence necessarily assumes the existence of a will otherwise valid and regularly executed. Upon this issue therefore, the burden of proof is on the contestants. Jones v. Roberts, 37 Mo. App. 163; Carl v. Gabel, 120 Mo. 283; Morton v. Heidorn, 135 Mo. 608; Doherty v. Gilmore, 136 Mo. 414; Campbelle v. Carlisle, 162 Mo. 634; Schierbaum v. Schemme, 157 Mo. 1; King v. Gibson, 191 Mo. 307. (2) Mere undue influence is not sufficient; to invalidate the will such…
1Opinion of the Court
BOND, C.
This suit is to set aside, for undue influence, the will of W. R. Hayes, who died March 22, 1907, leaving a second wife, Adaline Hayes, seven children and one grandchild, the descendant of his eighth ■ child; all of whom are parties plaintiff and defendant to this suit. The will in dispute was formally executed August 4, 1898, and purported to devise to the said widow and one child (Loarn Hayes) all the real and personal estate of the testator. The remaining six children and the grandchild are expressly named in the will and excluded from any share in' the property therein devised.…
2Cases cited8 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Thompson v. IshSupreme Court of Missouri · 1889
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Morton v. HeidornSupreme Court of Missouri · 1896
- Carl v. GabelSupreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Norris v. BristowSupreme Court of Missouri · 1951
- Patton v. SheltonSupreme Court of Missouri · 1931
- Bushman v. BarlowSupreme Court of Missouri · 1927
- Snow v. FerrilSupreme Court of Missouri · 1928
8 more not listed; retrieve them via the Exa API.