Mann v. Balfour
Supreme Court of Missouri
Appeal from Cedar Circuit Court. — Hon. H. C. Timmonds, Judge. (1) The plaintiff was not a competent witness to prove the execution of the will, its contents, or its delivery to he recorded; and the court erred in permitting her to so testify over the objection of the defendant, and also in refusing to strike out her testimony on motion of defendant, and also erred in refusing the instruction asked by the defendant that said testimony be excluded.
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Appeal from Cedar Circuit Court. — Hon. H. C. Timmonds, Judge. (1) The plaintiff was not a competent witness to prove the execution of the will, its contents, or its delivery to he recorded; and the court erred in permitting her to so testify over the objection of the defendant, and also in refusing to strike out her testimony on motion of defendant, and also erred in refusing the instruction asked by the defendant that said testimony be excluded. Trotters v. Winchester, 1 Mo. 292; Miltenberger v. Miltenberger, 78 Mo. 27. Under the law, the plaintiff would have inherited an undivided one-half…
1Opinion of the Court
VALLIANT, J. —
This is a proceeding to probate a lost will. The proceeding was initiated in the probate court of Cedar county, the judgment of that court was that the instrument sought to be probated was not the will of the alleged testatrix; the plaintiff then filed her petition in the circuit court under the provisions of section 4622, Revised Statutes 1899, praying that the alleged lost will be established by the judgment or decree of that court. The petition states that the plaintiff’s mother, Elizabeth Pankey, died in 1890, leaving a large amount of personal property and one hundred and…
2Cases cited12 opinions
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Dickey v. MalechiSupreme Court of Missouri · 1839
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- In re Valentine's WillWisconsin Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Elsea v. SmithSupreme Court of Missouri · 1918
- Neal v. CaldwellSupreme Court of Missouri · 1930
- McClellan v. OwensSupreme Court of Missouri · 1934
- Birdsong v. Estate of LadwigMissouri Court of Appeals · 1958
- Cockrum v. CockrumMissouri Court of Appeals · 1977
5 more not listed; retrieve them via the Exa API.