Potter v. Adams' Executors
Supreme Court of Missouri
Appeal from ■ Barry Circuit Court. This was a petition by the heirs at law of John Adams, deceased, under the 31st section of a statute concerning wills, to set aside and vacate the probate of a will. The petitioners alleged imbecility of mind and body, and undue and fraudulent influence of the second wife of the testator, as the grounds for their prayer.
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Appeal from ■ Barry Circuit Court. This was a petition by the heirs at law of John Adams, deceased, under the 31st section of a statute concerning wills, to set aside and vacate the probate of a will. The petitioners alleged imbecility of mind and body, and undue and fraudulent influence of the second wife of the testator, as the grounds for their prayer. The suit was brought in Greene county, in December, 1853, and the will and the probate thereof by the probate judge of that county were made a part of the petition. To this petition an answer was filed denying the allegations of the…
1Opinion of the CourtLeonard, Judge
This suit ought not to have been dismissed on either of the two grounds that have been suggested to us. The order of the Greene Circuit Court changing the venue was not a nullity ; that court had jurisdiction to make it for the causes stated in the petition, and the error, supposing it to have been one, as to the verification of the petition, was a mere irregularity in the proceedings and not a ground of nullity. The objection is that *162the affidavit did not verify the existence of the alleged prejudice, but was confined to the party’s just cause to fear that he could not have a fair trial on…
2Cited by22 opinions
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Sills v. . FordSupreme Court of North Carolina · 1916
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- State v. KnightSupreme Court of Missouri · 1875
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