Gordon v. Burris
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — lion. J. W. Alexander, Special Judge. • (1) The issue should have been confined to undue influence. West v. West, 144 Mo. 132. There was no allegation or evidence of incapacity to make a will, and this court can not determine on what ground the jury found against the will, and the cause must be reversed.
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Appeal from Livingston Circuit Court. — lion. J. W. Alexander, Special Judge. • (1) The issue should have been confined to undue influence. West v. West, 144 Mo. 132. There was no allegation or evidence of incapacity to make a will, and this court can not determine on what ground the jury found against the will, and the cause must be reversed. Cash v. Lust, 142 Mo. 630. (2) The court- should have peremptorily instructed the jury that Mrs. Burris had the capacity to make a will under the pleadings and the evidence. Maddox v. Maddox, 114 Mo. 42. (3) The fact that under the will the plaintiff…
1Opinion of the CourtMarshall, J.
This is a proceeding to set aside the will of Lucinda Burris, on the ground that while she was feeble in mind and body, her husband, John Burris, and her three sons, George, Cus and Ered, procured her to make the will by their fraud, deception and undue influence, by which she left her separate estate, some two hundred and forty-four acres of land, to her said three sons, and bequeathed to the plaintiff, who is the child of her deceased daughter, only the sum of thirty dollars.
This is the third trip this controversy has made to this court. The first time it came upon an appeal by the…
2Cases cited17 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Benoist v. MurrinSupreme Court of Missouri · 1874
- McFadin v. CatronSupreme Court of Missouri · 1894
- May v. CrawfordSupreme Court of Missouri · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Machens v. MachensSupreme Court of Missouri · 1953
- Estate of RicksCalifornia Supreme Court · 1911
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Tufts v. PooreCourt of Appeals of Maryland · 1999
- Boardman v. LorentzenWisconsin Supreme Court · 1914
23 more not listed; retrieve them via the Exa API.