Young v. Ridenbaugh
Supreme Court of Missouri
Appeal from Buchanan Circuit Court — TIon. Joseph P. Grubb, Judge. argued that.tke burden was upon the defendants to prove that the testator had sufficient capacity to make a will, and that they had failed to do this, citing Clarke v. Fisher, 1 Paige, 171; "Swine-burn e, pt. 2, § 25, pi. 5 ; 1 Redfield on Wills, 96, 130-132; Delgfield v. Parish, 25 N. Y. 35 ; Parton v. Williams, 2 Curiéis 530; Parke v. Ollatt, 2 Phillim. 323 ; Barry v. Butlin, 2 Moore Privy C. 480;…
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Appeal from Buchanan Circuit Court — TIon. Joseph P. Grubb, Judge. argued that.tke burden was upon the defendants to prove that the testator had sufficient capacity to make a will, and that they had failed to do this, citing Clarke v. Fisher, 1 Paige, 171; "Swine-burn e, pt. 2, § 25, pi. 5 ; 1 Redfield on Wills, 96, 130-132; Delgfield v. Parish, 25 N. Y. 35 ; Parton v. Williams, 2 Curiéis 530; Parke v. Ollatt, 2 Phillim. 323 ; Barry v. Butlin, 2 Moore Privy C. 480; Shropshire v. Reno, 5 J. J. Marsh. 91; Marsh v. Tyrrell, 2 Hagg. 122; Baker v. Batt, 2 Moore Privy C. 317; Crowninshield v.…
1Opinion of the CourtHenry, J.
— This was a suit under the statute brought *577by plaintiff, a son of George Young, deceased, against John Williams and John Collioun, and the daughter and grandchildren of said deceased, to have his will, which had been previously probated, set aside. The grounds upon which the probate of the will is contested are that it was procured by undue influence, and that George Young had not sufficient mental capacity to make a will. The will was made October 30th, 1874. George Young was then seventy-five years of age, he had for several years been in failing health, and the death of his son-in-law,…
2Cases cited2 opinions
- Lyne v. GuardianSupreme Court of Missouri · 1823
- McClintock v. CurdSupreme Court of Missouri · 1862
3Cited by18 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- McFadin v. CatronSupreme Court of Missouri · 1894
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