Graham v. O'Fallon
Supreme Court of Missouri
This was originally a case in the county court. John O’Fallon presented certain copies of the supposed will of John Mullanphy, to the county court for probate.— The plaintiffs in error, come in and entered, a caveat against the proceedings of the executor; such proceedings were had thereon, that the county court decreed and adjudged that John Mullanphy died intestate.
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This was originally a case in the county court. John O’Fallon presented certain copies of the supposed will of John Mullanphy, to the county court for probate.— The plaintiffs in error, come in and entered, a caveat against the proceedings of the executor; such proceedings were had thereon, that the county court decreed and adjudged that John Mullanphy died intestate. O’Fallon took the case to the circuit court, where the decree of the county court was reversed; to reverse this decree, the plaintiffs bring the cause here by a writ of error.. .To ascertain what points are in dispute, we must…
1Opinion of the Court
Opinion delivered by
McGirk, Judge.
The question presented for our consideration and de-cisión is, were these persons competent to give evidence in the cause? The counsel for the plaintiffs in error have cited the case of Trotter v. Winchester et al, decided by this court,(1 vol. M. R. 413) to prove that a devisee cannot be a witness. That case does indeed, prove the abstract proposition. But the counsel for the defendant in error, place the case of a devisee, on the ground of interest alone; and we are satisfied this is the ground on which the question ought to be placed. As a general rule,…
2Cited by9 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- In re Young's EstateUtah Supreme Court · 1908
- O'Brien v. SpaldingSupreme Court of Georgia · 1897
- Campbell v. TouseyNew York Supreme Court · 1827
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