Bingaman v. Hannah
Missouri Court of Appeals
Appeal from Wright County Circuit Court. — Hon. G. H. Skinker, Judge. (1) Where there is no evidence tending to show that the testatrix had any knowledge of the contents of the will as drawn, and where it does not dispose of her property as she had desired and had directed it will be held that it was not the will of the testatrix.
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Appeal from Wright County Circuit Court. — Hon. G. H. Skinker, Judge. (1) Where there is no evidence tending to show that the testatrix had any knowledge of the contents of the will as drawn, and where it does not dispose of her property as she had desired and had directed it will be held that it was not the will of the testatrix. Bradford v. Blossom, 207 Mo. 177. (2) The burden is on the proponents to prove the due execution of the will and that the testator had mental capacity to know and understand what he was doing. That burden they must assume even though contestants introduced no…
1Opinion of the CourtFarrington, J.
This is an appeal of a will contest. At the threshold of the case is presented the question of our jurisdiction under Sec. 12 of Art. 6, of the Constitution which vests appellate jurisdiction in the Supreme Court in cases involving the. title to real estate. While the point has been merely suggested by counsel and not insisted on, it is one of our duties *190to settle questions concerning onr own jurisdiction in order that our time may not be consumed in doing things that would carry no legal force. [Springfield S. W. Ry. Co. v. Schweitzer, 246 Mo. 122, 151 S. W. 128, 130; Ferguson v. Comfort,…
2Cases cited27 opinions
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Springfield Southwestern Railway Co. v. SchweitzerSupreme Court of Missouri · 1912
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
- Edwards v. Missouri, Kansas & Eastern Railway Co.Supreme Court of Missouri · 1899
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3Cited by5 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Proffer v. ProfferSupreme Court of Missouri · 1938
- Schell v. SchellMissouri Court of Appeals · 1963
- Littlefield v. LittlefieldSupreme Court of Missouri · 1917
- Sweeney v. EatonMissouri Court of Appeals · 1970