Gibony v. Foster
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Now. Jas. T. Ne-ville, Judge. (1) A will contest is an action at law wherein parties have a right to a trial by jury, and wherein the prerogative of a jury to weigh the evidence (where there is substantial evidence) can no more be usurped than in any other action at law. The question of the weight of the evidence is for the jury.
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Appeal from Greene Circuit Court. — Now. Jas. T. Ne-ville, Judge. (1) A will contest is an action at law wherein parties have a right to a trial by jury, and wherein the prerogative of a jury to weigh the evidence (where there is substantial evidence) can no more be usurped than in any other action at law. The question of the weight of the evidence is for the jury. In this case there is not only substantial evidence to take the case to the jury, but it is of a character cogent and convincing.. Young v. Ridenbaugh, 67 Mo. 574; McFadden v. Catron, 138 Mo. 227; State ex rel. v. Guinotte, 156 Mo.…
1Opinion of the CourtFox, J.
This action to contest the will of Sarah A. Gibony, late of Greene county, Missouri, was instituted in the Greene Circuit Court on April 30, 1904. The plaintiff Lewis Gibony and the defendants are children of Sarah A. Gibony; the plaintiff Oscar Gibony is a grandchild of said Sarah A. Gibony.
The petition alleges, first, that at the time Sarah A. Gibony executed the will in contest she was of unsound mind and incapable of comprehending her property and the natural objects of her bounty, and was incompetent to make a will; and, second, that said pretended will was procured by undue influence of…
2Cases cited17 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- McFadin v. CatronSupreme Court of Missouri · 1894
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Winn v. GrierSupreme Court of Missouri · 1909
- McFadin v. CatronSupreme Court of Missouri · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- McCoy v. McCoySupreme Court of Missouri · 1950
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Walter v. AltSupreme Court of Missouri · 1941
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
18 more not listed; retrieve them via the Exa API.