Avaro v. Avaro
Supreme Court of Missouri
Appeal from Lawrence Circuit Court . — Hon. F. C. Johnston, Judge. (1) Every will shall be in writing, signed by the testator or by some person by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. R. S. 1899', sec. 4604. This statute is imperative.
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Appeal from Lawrence Circuit Court . — Hon. F. C. Johnston, Judge. (1) Every will shall be in writing, signed by the testator or by some person by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. R. S. 1899', sec. 4604. This statute is imperative. Catlett v. Catlett, 55 Mo. 330. (2) It is not the mere physical fact of signing that the two witnesses attest, it is that the instrument signed with the testator’s name is his will — that he signed it as his will — and this of course…
1Opinion of the Court
STATEMENT.
BOND, C.
— Joseph Avaro, Sr., who was born in Italy, became an immigrant in Lawrence county, Missouri, in 1881, and resided there until his death, in 1905. He was a farmer and became a landowner, but never learned either to read or speak the Ehglish language. He desired to make a will, and, for that purpose, in March, 1899, in company with John Rob*428erts, who had lived in the same town in Italy where Avaro, Sr., was bom, he went to the office of one Badger, a notary public, in Monett, Missouri.
The evidence tends to show that he carried out his purpose to execute his will in the…
2Cases cited7 opinions
- Commonwealth v. VoseMassachusetts Supreme Judicial Court · 1892
- Berberet v. BerberetSupreme Court of Missouri · 1895
- Hughes v. RaderSupreme Court of Missouri · 1904
- Hach v. RollinsSupreme Court of Missouri · 1900
- Catlett v. CatlettSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Burkland v. StarrySupreme Court of Missouri · 1950
- Potter v. RitchardsonSupreme Court of Missouri · 1950
- Harrell v. HarrellSupreme Court of Missouri · 1920
3 more not listed; retrieve them via the Exa API.