Odenwaelder v. Schorr
Missouri Court of Appeals
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.
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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
- Dickey v. MalechiSupreme Court of Missouri · 1839
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Young v. RidenbaughSupreme Court of Missouri · 1878
- Graham v. O'FallonSupreme Court of Missouri · 1834
- Graham v. O'FallonSupreme Court of Missouri · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Southworth v. SouthworthSupreme Court of Missouri · 1903
- In re Claflin's WillSupreme Court of Vermont · 1902
- Wright v. McDonaldSupreme Court of Missouri · 1950
- Berst v. MoxomMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.