Hegney v. Head
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court should have required plaintiff to announce his peremptory challenges first. R. S. 1889, sec. 6081. (2) There is no evidence to support the verdict and the instructions given by the court are erroneous. Undue influence is never presumed except when one who occupies a confidential relation writes the will himself in his own favor. Sunderland v. Hood, 84 Mo. 293; s. o., 13 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court should have required plaintiff to announce his peremptory challenges first. R. S. 1889, sec. 6081. (2) There is no evidence to support the verdict and the instructions given by the court are erroneous. Undue influence is never presumed except when one who occupies a confidential relation writes the will himself in his own favor. Sunderland v. Hood, 84 Mo. 293; s. o., 13 Mo. App. 238. (1) It is not error to require proponents to make their peremptory challengés first. Tingles v. Cow gill, 48 Mo. 291; McMahon v.…
1Opinion of the CourtBukgess, J.
— This is a suit to set aside the will of Mary Fitzsimmons, late of the city of St. Louis. The will bears date September 28, 1892, and she died on the thirteenth day of October following, having reached the age of eighty. She left surviving her.no children of her own, her nearest of kin, and heir, being the plaintiff, a grandson. The will is assailed on two grounds: First, want of mental capacity on the part of the deceased; and, second, undue influence exercised by defendants, and especially by the defendant'Rev. J. J. Head, who was alleged to have been her confidential and spiritual…
2Cases cited5 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- State v. HaysSupreme Court of Missouri · 1856
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Muller v. St. Louis Hospital Ass'nMissouri Court of Appeals · 1878
- O'Brien v. Vulcan Iron-WorksMissouri Court of Appeals · 1879
3Cited by15 opinions
- Matter of Estate of MaherasSupreme Court of Oklahoma · 1995
- Mowry v. NormanSupreme Court of Missouri · 1907
- Gidney v. ChappellSupreme Court of Oklahoma · 1910
- Campbell v. CarlisleSupreme Court of Missouri · 1901
- O'Malley v. StateNebraska Supreme Court · 1913
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