Sanford v. Holland
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Son. Gúy D. Kirby, Judge. (1) Courts while solicitous to maintain the paper writing as the will of an alleged testator against the complainants of disappointed expectations, should be equally solicitous to prevent imposition either through testamentary incapacity or by means of undue influence.
Read the full summary
Appeal from Greene Circuit Court. — Son. Gúy D. Kirby, Judge. (1) Courts while solicitous to maintain the paper writing as the will of an alleged testator against the complainants of disappointed expectations, should be equally solicitous to prevent imposition either through testamentary incapacity or by means of undue influence. In many eases, we respectfully submit courts have placed too much emphasis on the abstract right of one to dispose of his own, and made cases turn on such right. Before such rule is practically invoked and applied, the court should determine, 1st, the question of…
1Opinion of the CourtBond, C. J.
Suit to contest the will of Telemaehus Blondville Holland, for alleged testamentary incapacity and undue influence, filed by his grandson, Grady Holland Sanford, after the settlement of the estate and shortly prior to the expiration of the running of the two-year Statute of Limitations.
The decedent was seventy-seven years old at the date of his death in Springfield, Missouri, on July 30, 1913. He died possessed of property variously estimated to be of the value of from $800,000 to $1.000.000. The property consisted chiefly of very valuable business buildings located on and near the Public…
2Cases cited3 opinions
- Winn v. GrierSupreme Court of Missouri · 1909
- Seibert v. HatcherSupreme Court of Missouri · 1907
- Lorts v. WashSupreme Court of Missouri · 1903
3Cited by12 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Rex v. Masonic HomeSupreme Court of Missouri · 1937
- Van Raalte v. GraffSupreme Court of Missouri · 1923
- Fletcher v. HendersonSupreme Court of Missouri · 1933
- Spurr v. SpurrSupreme Court of Missouri · 1920
7 more not listed; retrieve them via the Exa API.