West v. West
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in ruling out the main issue of the case when counsel stated: “That shows the condition of his mind.” The judge replied: “That is not in issue at all. The condition of his mind is not in issue.” This declaration is not sanctioned by the law. Meyers v. Haugher, 98 Mo. 433. (2) The court erred in refusing to allow the evidence to show that Wm. C. West died believing that Jno.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in ruling out the main issue of the case when counsel stated: “That shows the condition of his mind.” The judge replied: “That is not in issue at all. The condition of his mind is not in issue.” This declaration is not sanctioned by the law. Meyers v. Haugher, 98 Mo. 433. (2) The court erred in refusing to allow the evidence to show that Wm. C. West died believing that Jno. J. Steele was his executor. These facts show almost conclusively that Wm. C. West made a will later than the one in controversy; yet the…
1Opinion of the CourtGantt, P. J.
This is a statutory contest of the last will and testament of William C. West, late of Audrai'n county. This will was duly probated December 31, 1894, and this suit was commenced and made returnable to the June term, 1895, of the circuit court of Audrain county. The plaintiffs are the widow and certain of the children and grandchildren of said decedent, and the defendants are his son William E. West and his daughter Mrs. Mills and her husband.
The petition sets forth the death of William C. West in December, 1894, the various children and grandchildren; their relation to William C. West; the…
2Cited by4 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Capps v. AdamsonSupreme Court of Missouri · 1951
- Brownfield v. BrownfieldSupreme Court of Missouri · 1952
- Estate of Johnson, Superior Court of California, County of San Francisco1903