Stevens v. Oliver
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Sow. J. FL. Stover, Judge. (1) The document admitted in evidence purports to he certified by R. Brinkerhoff, Jr., as judge and ex-officio clerk of the probate court of Richland county, Ohio, and the signature of said R. Brinkerhoff, Jr., ex-officio clerk is certified by the identical R. Brinkerhoff, Jr;, in the alleged capacity of sole and presiding judge of such probate court. The absence of the original will was not accounted for.
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Appeal from Jackson Circuit Court. — Sow. J. FL. Stover, Judge. (1) The document admitted in evidence purports to he certified by R. Brinkerhoff, Jr., as judge and ex-officio clerk of the probate court of Richland county, Ohio, and the signature of said R. Brinkerhoff, Jr., ex-officio clerk is certified by the identical R. Brinkerhoff, Jr;, in the alleged capacity of sole and presiding judge of such probate court. The absence of the original will was not accounted for. Such alleged copy was inadmissible in not being authenticated as required by law, and was further inadmissible in this case…
1Opinion of the CourtBurgess, P. J.
This is a suit for the partition of certain real property in Kansas City, Missouri, between plaintiffs who are nephews of John C. Larwill, deceased, and claim as his heirs, and the defendants, who claim as devisees and legatees under the last will and codicil of said Larwill. John C. Larwill died at Mansfield, Ohio, in August, 1901. At the close of all the evidence the court, at the instance of defendants, gave an instruction in the nature of a demurrer thereto, and instructed the jury to find for defendants, whereupon plaintiffs took a nonsuit with leave to set the same aside, and a motion…
2Cases cited9 opinions
- Keith v. KeithSupreme Court of Missouri · 1888
- Creasy v. AlversonSupreme Court of Missouri · 1868
- Stowe v. StoweSupreme Court of Missouri · 1897
- Jourden v. MeierSupreme Court of Missouri · 1860
- Beatty v. ClarksonMissouri Court of Appeals · 1904
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3Cited by5 opinions
- Dibble v. WinterIllinois Supreme Court · 1910
- Hurst v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- State v. DipleySupreme Court of Missouri · 1912
- Cohen v. HerbertSupreme Court of Missouri · 1907
- Wyers v. ArnoldSupreme Court of Missouri · 1941