Legal Opinion

Hamon v. Hamon

Supreme Court of Missouri

Decided March 17, 1904PublishedCited by 12 opinions

Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. (1) When the formal execution of a will according to tlie requirements of the statute is shown, as was done in this case, and the subscribing witnesses testify to the sanity of the testator and he is of proper age to make a will, a prima facie case in favor of the will is made, and it then rests upon the contestants to overcome the prima facie case by substantial evidence.

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Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. (1) When the formal execution of a will according to tlie requirements of the statute is shown, as was done in this case, and the subscribing witnesses testify to the sanity of the testator and he is of proper age to make a will, a prima facie case in favor of the will is made, and it then rests upon the contestants to overcome the prima facie case by substantial evidence. Carl v. Goebel, 120 Mo. 283; McFadin v. Catron, 138 Mo. 197; Von de Veld v. Judy, 143 Mo. 348; Fulbright v. Perry County, 145 Mo. 442; Sehr v. Lindemann, 153 Mo.…

1Opinion of the CourtY Alli Ant, J.

This is a will contest. The testator, John Hamon, was a bachelor until he was eighty-three years old, then he married a woman of twenty-five years. He was married August 2, 1899.' The will was made August 17th, and he died in November of that year. His estate was estimated at $18,000 ox $20,000. It consisted chiefly of a, farm of 293 acres in Platte county. By his will he gave all his property (except nominal bequests) to his wife, and named her brother to be the sole executor without bond. His heirs were a brother and sister and the children and grandchildren of deceased brothers and…

2Cases cited5 opinions

  1. Sehr v. LindemannSupreme Court of Missouri · 1899
  2. Southworth v. SouthworthSupreme Court of Missouri · 1903
  3. Wood v. CarpenterSupreme Court of Missouri · 1902
  4. Crowson v. CrowsonSupreme Court of Missouri · 1903
  5. Riggin v. Board of Trustees of Westminster CollegeSupreme Court of Missouri · 1901

3Cited by12 opinions

  1. Winn v. GrierSupreme Court of Missouri · 1909
  2. Wisner v. ChandlerSupreme Court of Kansas · 1915
  3. Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
  4. Sayre v. Trustees of Princeton UniversitySupreme Court of Missouri · 1905
  5. Woodville v. MorrillSupreme Court of Minnesota · 1915

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