Sehr v. Lindemann
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The court erred in giving the peremptory instruction at the close of plaintiff’s case, for the following reasons: (1) Where, as in this case, a testator unjustly discriminates against three of his children and in favor of those who lived with him and were entrusted with the management and control of his business and had access fo his moneys, together with the other facts of his old age, blindness and…
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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The court erred in giving the peremptory instruction at the close of plaintiff’s case, for the following reasons: (1) Where, as in this case, a testator unjustly discriminates against three of his children and in favor of those who lived with him and were entrusted with the management and control of his business and had access fo his moneys, together with the other facts of his old age, blindness and general debility and inability to write, sufficient has been shown to ere-ate an inference that undue influence was exerted…
1Opinion of the CourtMarshall, J.
The statement of this case made by respondent is plain, impartial and full and we accordingly adopt it. It is as follows:
respondent’s statement.
“The proceeding is one to contest the validity of the will of Herman Lindemann, deceased. The validity of the will is assailed on the ground of the want of testamentary capacity of the testator, and of the exercise of undue influence over him by defendants. The charge of undue influence was not in the original petition; it was created by an amendment after the trial had progressed for a considerable time. The plaintiffs are the three children of the…
2Cases cited12 opinions
- Benoist v. MurrinSupreme Court of Missouri · 1874
- McFadin v. CatronSupreme Court of Missouri · 1894
- McFadin v. CatronSupreme Court of Missouri · 1897
- Berberet v. BerberetSupreme Court of Missouri · 1895
- Harris v. HaysSupreme Court of Missouri · 1873
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3Cited by30 opinions
- Pollock v. BrownSupreme Court of Missouri · 1978
- Wilhoit v. FiteSupreme Court of Missouri · 1960
- Walter v. AltSupreme Court of Missouri · 1941
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Gordon v. BurrisSupreme Court of Missouri · 1899
25 more not listed; retrieve them via the Exa API.