Roberts v. Bartlett
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) Insanity is shown by proof of acts and conduct inconsistent with the character and previous habits of the party. McCurry v. Hooper, 12 Ala. 823. (2) Senile dementia is a distinctive form of insanity which incapacitates the party to such an extent as to destroy his capacity to make a will.
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Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) Insanity is shown by proof of acts and conduct inconsistent with the character and previous habits of the party. McCurry v. Hooper, 12 Ala. 823. (2) Senile dementia is a distinctive form of insanity which incapacitates the party to such an extent as to destroy his capacity to make a will. This mental disease is one well recognized by all of the medical authorities and has been recognized by the Supreme Court of this State and by the courts of last resort in sister States. Beyer v. Spangler, 61 N. W. 1072; App. of Ulmer, 12…
1Opinion of the CourtGantt, J.
This is an appeal from the circuit court of Buchanan county confirming the last will and testament of John B, Howell late of said county. The *688contestants are the heirs at law of uthe said John, B. Howell, deceased. John B. Howell at the date of his death on the 7th of January, 1902, was eighty-five years old. He left- no children or other descendants, nor any brothers or sisters, nor any heirs excepting the children of his two half-brothers, who are the plaintiffs-in this case. By the will in contest here he devised one-half of the remainder of his estate after the payment of his debts and…
2Cases cited11 opinions
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- McFadin v. CatronSupreme Court of Missouri · 1897
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
- Steffen v. BauerSupreme Court of Missouri · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
- Patton v. SheltonSupreme Court of Missouri · 1931
- Bushman v. BarlowSupreme Court of Missouri · 1927
- Wendling v. BowdenSupreme Court of Missouri · 1913
6 more not listed; retrieve them via the Exa API.