Garland v. Smith
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1). Fraud and undue influence are distinct matters. 1 Bigelow on Fraud, p. 571; Beach on Wills, sec. 107; Davis v. Calvert, 5 Grill & John. 269; Stewart v. Elliott, 2 Mackay, 307; Terry v. Buffington, 11 Gra. 337; In re Hesse’s will, 31 Am.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1). Fraud and undue influence are distinct matters. 1 Bigelow on Fraud, p. 571; Beach on Wills, sec. 107; Davis v. Calvert, 5 Grill & John. 269; Stewart v. Elliott, 2 Mackay, 307; Terry v. Buffington, 11 Gra. 337; In re Hesse’s will, 31 Am. St. Rep. 665; Smith v. Dubois, 78 Gla. 413; Greenwood v. Cline, 7 Ore. 17; Dietrich v. Dietrich, 5 Serg. & R. 323. (2) A will, the offspring of deception, can not stand anymore than the offspring of constraint. Schouler on Wills, sec. 230; Kerr on Fraud, 299; Tyler v. Gardner, 35 N.…
1Opinion of the Court
DIVISION TWO.
Gantt, P. J.
This is a statutory proceeding to-determine whether the instrument propounded as the last will and testament of Mrs. Persis Smith, of date-October 15, 1890, was in truth and in fact her last will. The cause was tried before Judge Valliant, both parties waiving a jury.
Mrs. Persis Smith, the testatrix, was the widow of' James Smith. She and her husband were old residents of St. Louis. They had no children but had amassed a large estate. In 1838, James Smith received into-his family a destitute, homeless boy named GeorgeConnelly, who was then about five years old. The…
2Cases cited12 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- McFadin v. CatronSupreme Court of Missouri · 1894
- Gay v. GillilantSupreme Court of Missouri · 1887
- Harris v. HaysSupreme Court of Missouri · 1873
- Carl v. GabelSupreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kansas City v. SmartSupreme Court of Missouri · 1895
- Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
- Farmer v. FarmerSupreme Court of Missouri · 1895
- Stowe v. StoweSupreme Court of Missouri · 1897
- Kerstner v. VorwegSupreme Court of Missouri · 1895
8 more not listed; retrieve them via the Exa API.