Legal Opinion

Odenwaelder v. Schorr

Missouri Court of Appeals

Decided March 16, 1880PublishedCited by 6 opinions

Appeal from the St. Louis Circuit Court. The paper propounded was in accordance with the requirements of the statute. — Wag. Stats. 1364, sect. 3 ; Rev. Stats. 1879, sect. 3962. 'The testator’s wishes were evidenced by two papers exe•cuted at one time, before the same witnesses ; they were •duplicates, the one of the other. — Oolvin v. Frazer, 2 Hag. Eccl. 266 ; Boughey v. Morton, 3 Hag.

Read the full summary

Appeal from the St. Louis Circuit Court. The paper propounded was in accordance with the requirements of the statute. — Wag. Stats. 1364, sect. 3 ; Rev. Stats. 1879, sect. 3962. 'The testator’s wishes were evidenced by two papers exe•cuted at one time, before the same witnesses ; they were •duplicates, the one of the other. — Oolvin v. Frazer, 2 Hag. Eccl. 266 ; Boughey v. Morton, 3 Hag. Eccl. 191; Onions v. Tyrer, 2 Vern. 741; Burtonshaw v. Gilbert, Cowp. 49. Proof by one ■of the subscribing witnesses only, that the testator was of sound mind, is insufficient.— Withinton v. Withinton, 7 .Mo.…

1Opinion of the CourtBakewell, J.

This was a proceeding under the statute (Wag. Stats. 1368, sect. 29) to contest the validity of a will. Under the ■direction of the court, the jury found against the will. The will, which had been admitted to probate in the Probate ■Court, was in German, and, when translated, reads as follows : —

St. Louis, June 16, 1877.

In the name of God, Amen ! Being conscious of the near approach of my last hours of life, and being still of sound and disposing mind, I hereby, in the presence of witnesses, give and bequeath to my friend Michael Schorr, for his sole .and absolute use and benefit, all the…

2Cases cited6 opinions

  1. Dickey v. MalechiSupreme Court of Missouri · 1839
  2. Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
  3. Young v. RidenbaughSupreme Court of Missouri · 1878
  4. Graham v. O'FallonSupreme Court of Missouri · 1834
  5. Graham v. O'FallonSupreme Court of Missouri · 1837

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
  2. Southworth v. SouthworthSupreme Court of Missouri · 1903
  3. In re Claflin's WillSupreme Court of Vermont · 1902
  4. Wright v. McDonaldSupreme Court of Missouri · 1950
  5. Berst v. MoxomMissouri Court of Appeals · 1912

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API