Benoist v. Murrin
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The court erred in refusing the third instruction prayed b)r plaintiffs. This instruction in effect asserted several propositions of law, which are correct. a. The first proposition is, that a sound and disposing mind and memory are necessary to testamentary capacity: This proposition, I take it, is too plain for argument or authority. It is the universal assertion of all the authors and of all the courts. b.
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Appeal from St. Louis Circuit Court. I. The court erred in refusing the third instruction prayed b)r plaintiffs. This instruction in effect asserted several propositions of law, which are correct. a. The first proposition is, that a sound and disposing mind and memory are necessary to testamentary capacity: This proposition, I take it, is too plain for argument or authority. It is the universal assertion of all the authors and of all the courts. b. The second proposition of the instruction is a definition of the word “ sound,” as required in the mind of the testator, to constitute him capable…
1Opinion of the Court
Wagner, Judge,
delivered the opinio'n of the court.
This was a proceeding on the part of the plaintiffs to contest the will of Louis A. Benoist, on the ground that at the time he executed it he was laboring under an insane delusion, and that undue influence v-as exercised over him. The will is dated on the 7th of August 1866, at St. Louis, Mo., and about the 1st of December, 1866, the testator left that city for Cuba, and died in the city of Havanna, during the month of January, 1867. The will w'as admitted to probate on the 4th of February, 1867, and letters testamentary wrere granted to two…
2Cases cited4 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- of Converse v. ConverseSupreme Court of Vermont · 1849
- McClintock v. CurdSupreme Court of Missouri · 1862
- Harvey v. Heirs of Isaac SullensSupreme Court of Missouri · 1874
3Cited by44 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Jackson v. HardinSupreme Court of Missouri · 1884
- Fraser v. JennisonMichigan Supreme Court · 1879
- Cockrill v. CoxTexas Supreme Court · 1886
- Berkemeier v. RellerSupreme Court of Missouri · 1927
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