Elliott v. Welby
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. The beneficiaries under this will were not competent to prove the will.— Hoddix v. Hoddix, 5 Litt. 202; Scales v. Desha, 16 Ala. 303. The presumption of sanity prevails even in the probate of a will. — McClintock v. Curd, 32 Mo. 421; 1 Redf. on Wills, 40; 1 Jar. on Wills, 104, 111; McDaniel v. Orosby, 19 Ark. 545; Sables v. Houston, 33 Ala. 563; Thompson v. Kymer, 65 Pa.
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Appeal from the St. Louis Circuit Court, Adams, J. The beneficiaries under this will were not competent to prove the will.— Hoddix v. Hoddix, 5 Litt. 202; Scales v. Desha, 16 Ala. 303. The presumption of sanity prevails even in the probate of a will. — McClintock v. Curd, 32 Mo. 421; 1 Redf. on Wills, 40; 1 Jar. on Wills, 104, 111; McDaniel v. Orosby, 19 Ark. 545; Sables v. Houston, 33 Ala. 563; Thompson v. Kymer, 65 Pa. St. 368. Beneficiaries under a will are thereby rendered incompetent as witnesses to establish the will. — Garvin v. Williams, 50Mo. 206 ; Gamasche v. Gambs, 52 Mo. 287 ;…
1Opinion of the CourtBakewell, J.
This is a proceeding to contest a will. The plaintiff al*21leges that she is a sister of Johu L. Mills, whose name is affixed to the instrument which was admitted to probate in the probate court as his will. The beneficiaries under the alleged will, and the other heirs at law of John L. Mills, are made defendants.
The jury found against the will, and there was a judgment accordingly.
On the trial, it was admitted that the witnesses to the will were dead, and that their attendance could not be procured. Defendants then read in evidence the will and certificate of probate.
The will bequeaths to…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Muller v. St. Louis Hospital Ass'nMissouri Court of Appeals · 1878
- Gamache v. GambsSupreme Court of Missouri · 1873
3Cited by2 opinions
- Jones v. RobertsMissouri Court of Appeals · 1889
- Naylor v. McRuerSupreme Court of Missouri · 1913