Wigginton v. Rule
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. (1) The court erred in refusing proponents’ instruction directing the jury to find in favor of the will.
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Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. (1) The court erred in refusing proponents’ instruction directing the jury to find in favor of the will. The testimony showed without contradiction that the testator transacted his business before and after the making of the will in an intelligent, rational and normal manner; that on the day he made the will he understood the business in which he was then engaged; knew the persons who were the natural objects of his bounty, and understood his relations to them; knew what property he owned and of what it consisted and- knew what…
1Opinion of the CourtWilliams, J.
This is a suit to set aside, on the ground of testamentary incapacity, the will of Calvin Wigginton, deceased. Trial was had before a jury in the circuit court of Pike County, which resulted in a verdict and judgment setting aside the will. Thereupon the executor and the nieces of testator, who are made defendants in this case, duly perfected an appeal to this court.
The main contention of appellants is that there was not sufficient evidence to submit to the jury the question of testamentary incapacity. For that reason it will be necessary to set forth the facts with considerable detail.
It…
2Cases cited10 opinions
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Holton v. CochranSupreme Court of Missouri · 1907
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. State Highway Commission v. HaidSupreme Court of Missouri · 1933
- Hamner v. EdmondsSupreme Court of Missouri · 1931
- Schwarz v. TaegerIdaho Supreme Court · 1927
- Clark v. Crandall.Supreme Court of Missouri · 1928
- State Ex Rel. State Highway Commission v. HartmanMissouri Court of Appeals · 1931
6 more not listed; retrieve them via the Exa API.