Dausman v. Rankin
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Row. Frank B. Bearing, Judge. (1) A jury has no right to alter the disposition of the testatrix’s property simply because they may think she did not do justice to her family, and this rule applies with equal force to the courts.
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Appeal from Jefferson Circuit Court. — Row. Frank B. Bearing, Judge. (1) A jury has no right to alter the disposition of the testatrix’s property simply because they may think she did not do justice to her family, and this rule applies with equal force to the courts. Hughes v. Rader, 82 S. W. 54; Tibbe v. Camp, 154 Mo. 545; Berberet v. Berberet, 131 Mo. 411; Lorts v. Wash, 175 Mo. 502. (2) The settled meaning of “undue influence” in this State is such influence as amounts to over-persuasion, coercion or force, destroying the will-power of the testator. Hughes v. Rader, 82 S. W. 54; Morton v.…
1Opinion of the CourtGantt, J.
This is an action instituted in the circuit court of Jefferson county, Missouri, at the'January term, 1902, for the purpose of contesting the last will of Cecilia A. Eanldn, deceased.
The petition is as follows:
“Plaintiff states that she is a child and heir at law of Cecilia A. Eanldn, deceased, and as such is interested in her estate; that deceased was a single woman and departed this life in Jefferson county, Missouri, on the — day of April, 1901, possessed of a large estate of real and personal property; that her heirs at law are Charles T. and Eugene C. Eanldn, defendants herein, and this…
2Cases cited4 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Gay v. GillilantSupreme Court of Missouri · 1887
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Carl v. GabelSupreme Court of Missouri · 1894
3Cited by10 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- In Re Cummings' EstateMontana Supreme Court · 1932
- Burton v. HolmanSupreme Court of Missouri · 1921
- Roberts v. BartlettSupreme Court of Missouri · 1905
- Sitting v. KerstingSupreme Court of Missouri · 1920
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