Hamburger v. Rinkel
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The evidence of subscribing witnesses is not conclusive either to sustain or to destroy a will. Tbe court below erred in excluding tbe testimony offered by plaintiffs to impeach Dr. Bracy, one of tbe subscribing witnesses to tbe will. It was competent to show that in tbe presence of three witnesses be made statements out of court contradictory to bis testimony as to tbe mental capacity of tbe deceased.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The evidence of subscribing witnesses is not conclusive either to sustain or to destroy a will. Tbe court below erred in excluding tbe testimony offered by plaintiffs to impeach Dr. Bracy, one of tbe subscribing witnesses to tbe will. It was competent to show that in tbe presence of three witnesses be made statements out of court contradictory to bis testimony as to tbe mental capacity of tbe deceased. And it was also error to exclude tbe evidence offered to impeach tbe notary, Givens. McEadin v. Catron, 120 Mo. 264;…
1Opinion of the CourtBrace, P. J.
— This is a statutory proceeding instituted in the circuit court, city of St. Louis, to contest the validity of an instrument of writing purporting to be the will of E. W. Hamburger, deceased, admitted to probate, in the probate court of St. Louis, on the fourth day of May, 1896, and which is as follows:
“St. Louis, January 11, 1896.
“I being a single man and of sound mind, I this day declare this my last will and testament. I appoint Adolph Rinkel administrator over my estate. After disposing of ail my property and paying my just debts, I bequeath to Mary Gains, my aunt; Ed. Hamburger, Wm.…
2Cases cited5 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Von De Veld v. JudySupreme Court of Missouri · 1898
- Kennedy v. HolladaySupreme Court of Missouri · 1891
- Clark v. MaguireSupreme Court of Missouri · 1852
- Coats v. LynchSupreme Court of Missouri · 1899
3Cited by10 opinions
- State v. BerschSupreme Court of Missouri · 1918
- State v. MilesSupreme Court of Missouri · 1967
- McGraw v. O'NeilMissouri Court of Appeals · 1907
- Bright v. WheelockSupreme Court of Missouri · 1929
- Hesse v. WagnerSupreme Court of Missouri · 1971
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