Hamilton v. Crowe
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No». James Gibson, Judge. (1) In this State it is improper and illegal in any contest over a will or in any proceedings to probate a lost will to prove by oral declarations of the testator the fact that a will was either made- or revoked by him.
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Appeal from Jackson Circuit Court. — No». James Gibson, Judge. (1) In this State it is improper and illegal in any contest over a will or in any proceedings to probate a lost will to prove by oral declarations of the testator the fact that a will was either made- or revoked by him. The declaration of a testator can in many instances be introduced when a part of the res gestae or to show either his mental condition or the state of his affections, but can never be introduced to show and establish the revocation of a will. Hence, the errors complained of in our “Assignments of Error” from 1 to 8…
1Opinion of the Court
GANTT, P. J. J.
— This is a suit by plaintiff to establish a will which he alleges was made by Mrs. Johanna C. Hamilton and by which she devised and bequeathed to him all of her property subject only to the payment of her just debts. The petition alleges the will was executed about May 15, 1896, and a copy thereof is annexed to the petition.
The defendants ai;e the heirs at law of Mrs. Johanna Hamilton, deceased.
It is alleged that Mrs. Hamilton died in Kansas City, Missouri, on the 27th day of November, 1897, testate; that an attempt to probate the alleged copy of her last will was made in the…
2Cases cited9 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Knapp v. . KnappNew York Court of Appeals · 1851
- In re Valentine's WillWisconsin Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
- Crampton v. OsbornSupreme Court of Missouri · 1947
- Peters v. DoddSupreme Court of Missouri · 1959
- McClellan v. OwensSupreme Court of Missouri · 1934
17 more not listed; retrieve them via the Exa API.