Bradford v. Blossom
Supreme Court of Missouri
Appeal from S>t. Louis City Circuit Court. — Him Warwick Hough, Judge. (1) Instruction 9 should have been given. The doctrine of this instruction is that if a relation of trust and confidence existed between the testatrix and Blossom at the time of the execution of the will and Blossom received any interest, direct or indirect; in the property bequeathed in the will, then a presumption of undue influence arose and unless such presumption has been overcome by rebutting…
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Appeal from S>t. Louis City Circuit Court. — Him Warwick Hough, Judge. (1) Instruction 9 should have been given. The doctrine of this instruction is that if a relation of trust and confidence existed between the testatrix and Blossom at the time of the execution of the will and Blossom received any interest, direct or indirect; in the property bequeathed in the will, then a presumption of undue influence arose and unless such presumption has been overcome by rebutting evidence the finding should be against the will.' This is undoubtedly the law, and the refusal of this instruction reversible…
1Opinion of the Court
STATEMENT.
WOODSON, J.
This is the second appeal of this case to this court. The opinion delivered on the former appeal was written by Burgess, J., and is reported in 190 Mo. 110. It originated in the circuit court of the city of St. Louis, and was instituted' to contest the validity of the last will of Emma.V. Bradford, who departed this life on July 28th, 1898. The will bears date July 21, 1893, and was duly probated in the probate court of the city of St. Louis, on August 8, 1898, and this suit was begun October 10, 1899. The petition for cause of action states that the will was procured to…
2Cases cited8 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Benoist v. MurrinSupreme Court of Missouri · 1871
- Harris v. HaysSupreme Court of Missouri · 1873
- Cough v. EasthamWest Virginia Supreme Court · 1886
- Shepperd v. FisherSupreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Campbell v. St. Louis Union Trust Co.Supreme Court of Missouri · 1940
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Patton v. SheltonSupreme Court of Missouri · 1931
- Wendling v. BowdenSupreme Court of Missouri · 1913
11 more not listed; retrieve them via the Exa API.