Maddox v. Maddox
Supreme Court of Missouri
Appeal from Marion Circuit Court.—Hon. Thomas H. Bacon, Judge. (1) The court erred in the admission of evidence; Rogers v. Troost, 51 Mo. 476; State v. Thomas, 99 Mo. 257; Myers v. Hauger, 98 Mo. 439. (2) The court should have given proponents’ instruction number one. There is nothing in the evidence which even tends to show that Henry or John Maddox exercised any influence over their father in procuring the will.
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Appeal from Marion Circuit Court.—Hon. Thomas H. Bacon, Judge. (1) The court erred in the admission of evidence; Rogers v. Troost, 51 Mo. 476; State v. Thomas, 99 Mo. 257; Myers v. Hauger, 98 Mo. 439. (2) The court should have given proponents’ instruction number one. There is nothing in the evidence which even tends to show that Henry or John Maddox exercised any influence over their father in procuring the will. Jachson v. Hardin, 83 Mo. 184; Higgins v. Carlton, 28 Md. 118. (3) There was not a scintilla of evidence showing testator’s want of capacity to make the will and the court should so…
1Opinion of the CourtMacfaiilane, J.
This is a statutory contest over the validity of the will of James Maddox, deceased. *38The will was executed December 7, 1887, and the testator died March 4, 1887, leaving surviving him bis, wife, four sons—Henly J., John F., Jesse P. (called Prior), and William Maddox—one daughter, Matilda, wife of Benjamin D. Morton, and the children of a deceased daughter, a former wife of said Morton.-
The will is contested by two sons, Jesse P. and William D. Maddox, on the ground of the want of testamentary capacity of the testator, and the exercise of undue influence by defendants, Henly J. and JohnF.…
2Cases cited7 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Gay v. GillilantSupreme Court of Missouri · 1887
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
- Norton v. PaxtonSupreme Court of Missouri · 1892
- Couch v. GentrySupreme Court of Missouri · 1892
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3Cited by38 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Mowry v. NormanSupreme Court of Missouri · 1907
- McFadin v. CatronSupreme Court of Missouri · 1894
- Manatt v. ScottSupreme Court of Iowa · 1898
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
33 more not listed; retrieve them via the Exa API.