Von De Veld v. Judy
Supreme Court of Missouri
Appeal from Gass Cire%iit Court. — Hon. James H. Lay, Judge. (1) The court erred in refusing to allow witnesses, expert and non-expert, to testify and give opinions as to testator’s mental condition. Those who are acquainted with the testator at the time of his making the will, saw him act, heard him talk, and were acquainted with his mental condition, may give their opinion ..as to whether or not he had sufficient mental capacity to make a will.
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Appeal from Gass Cire%iit Court. — Hon. James H. Lay, Judge. (1) The court erred in refusing to allow witnesses, expert and non-expert, to testify and give opinions as to testator’s mental condition. Those who are acquainted with the testator at the time of his making the will, saw him act, heard him talk, and were acquainted with his mental condition, may give their opinion ..as to whether or not he had sufficient mental capacity to make a will. This is a fortiori, true of experts. Broivn v. Mitchell, 26 S. W. Rep. (Tex.), 1059; Newcome v. Newcome, 27 S. W. Rep. (Ky.), 997; Overall v. Bland,…
1Opinion of the CourtSherwood, J.
This cause originated in a contest over the will of Resin S. Judy who died in Colorado on the twenty-first day of November, 1893, at the age of eighty-three years. The contestants in their petition *354asserted: “That at the time of its execution, the said Resin S. Judy was not of sound and disposing mind and memory, and was, by reason of his mental infirmities, incapable of devising his property.” Another ground of contest was undue influence, but this, at the trial, was abandoned and expressly withdrawn. The jury found a verdict in favor of proponents.
The will in controversy was executed on the…
2Cases cited10 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Fox v. WindesSupreme Court of Missouri · 1895
- Greer v. Lafayette County BankSupreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Winn v. GrierSupreme Court of Missouri · 1909
- Meier v. BuchterSupreme Court of Missouri · 1906
- Sehr v. LindemannSupreme Court of Missouri · 1899
- McCannon v. McCannonCourt of Appeals of Texas · 1927
- Southworth v. SouthworthSupreme Court of Missouri · 1903
19 more not listed; retrieve them via the Exa API.