Legal Opinion

Ortt v. Leonhardt

Missouri Court of Appeals

Decided May 12, 1903PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court.- — Hon. S. P. Spencer, Judge. (1) Section 4604, Revised Statutes 1899, does not, of itself, require that the will should be published to the witnesses, or that they should know'what is the nature of the instrument.

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Appeal from St. Louis City Circuit Court.- — Hon. S. P. Spencer, Judge. (1) Section 4604, Revised Statutes 1899, does not, of itself, require that the will should be published to the witnesses, or that they should know'what is the nature of the instrument. Wyndham v. Chetewynd, 1 Burr. 421; Bond v. Seawell, 3 Burr. 1775; Wright v, Wright, 7 Bing. 457; White v. Trustees, 6-Bing. 310 ; Johnson v. Johnson, 1 Crompt. & Mees. 140; Moodie v. Reid, 7 Taunt. 361; Tilden v. Tilden, 13 Cray 110; Hogan v. Grosvenor, 10 Mete. (Mass.) 56; Linton’s Appeal, 104 Pa. St. 228; Allen v. Griffin, 69 Wis. 529;…

1Opinion of the CourtBland, P. J.

The facts are that Barbara Rosebrock, of the city of St. Louis, on the fifteenth day of May, 1900, made a will devising all of her property, both real and personal, to Christina Leonhardt, her servant girl. Defendant Gottschalk was named as executor in this will. On the fifth day of June, 1900, Barbara Rosebroek made another will in which she gave and devised to Christina Leonhardt certain personal property. All the residue of her estate both personal and real she devised to her niece, Rosa Ortt, and named said Rosa Ortt as executrix of said will. The testatrix died July 19,1900. Both wills…

2Cases cited6 opinions

  1. Cravens v. FaulconerSupreme Court of Missouri · 1859
  2. Walton v. KendrickSupreme Court of Missouri · 1894
  3. Martin v. BowdernSupreme Court of Missouri · 1900
  4. Grimm v. TittmanSupreme Court of Missouri · 1892
  5. Craig v. CraigSupreme Court of Missouri · 1900

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3Cited by2 opinions

  1. Callaway v. BlankenbakerSupreme Court of Missouri · 1940
  2. Bingaman v. HannahMissouri Court of Appeals · 1913

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