Smith v. Hutchinson
Supreme Court of Missouri
Err or to Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) Whether or not the erasure was made before-the execution of the will should have been passed on by the court and a special finding made. (2) The instrument offered in evidence was executed by Mrs. Smith as, and for her will, and it is her will, either as-originally written, or it is her will as it appears after the erasure, and the court ought to have so found.
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Err or to Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) Whether or not the erasure was made before-the execution of the will should have been passed on by the court and a special finding made. (2) The instrument offered in evidence was executed by Mrs. Smith as, and for her will, and it is her will, either as-originally written, or it is her will as it appears after the erasure, and the court ought to have so found. The giving of plaintiff’s instruction, which was a demurrer to the evidence, was clearly erroneous, as was also the refusal of defendant’s instructions by the court.…
1Opinion of the Court
Ewing, C.
This was a proceeding under section 3980, Revised Statutes, 1879, to contest the validity of the last will of Anna Eleanor Smith, the plaintiffs being her husband, Simon H. Smith, and the brothers and sisters of the testator; and the defendant a legatee. After the formal parts the petition proceeds as follows: “And the said plaintiffs further state that said supposed will, as admitted to probate, is not the last will and testament of the said Anna E. Smith, and is not her will as signed, published and declared by the said Anna E. Smith, but on the contrary the said supposed will has…
2Cases cited10 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Bowen v. LazalereSupreme Court of Missouri · 1869
- Williamson v. FischerSupreme Court of Missouri · 1872
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3Cited by7 opinions
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- Brewington v. JenkinsSupreme Court of Missouri · 1884
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