Legal Opinion

Byrne v. Fulkerson

Supreme Court of Missouri

Decided January 3, 1914PublishedCited by 25 opinions

Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge, (1) Insanity is shown by proof of acts and conduct inconsistent with the character and previous habits of the party.

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Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge, (1) Insanity is shown by proof of acts and conduct inconsistent with the character and previous habits of the party. McCurry v. Hooper, 12 Ala. 823. This court has said: “Testamentary incapacity may be shown to exist when the mind is so damaged by the ravages of disease and so dull and torpid as not to measure up to a common sense testamentary mark. ’ ’ Crum v. Crum, 132 S. W. 1070; Turner v. Anderson, 236 Mo. 544. In the ease of Young v. Ridenbaugh, 67 Mo. 587, this court has said: “A child five years of age knows when it parts…

1Opinion of the Court

BLAIR, C.

coritest. This is a proceeding to contest the will of Mary Habig. Under the pleadings the testamentary capacity of testatrix and her freedom from' undue influence were in issue. On the evidence adduced the trial court directed a verdict for proponents and that ruling is, by this appeal, presented for review.

Mary Habig died in St. Joseph, Missouri, September 24, 1909, having executed the will in question on the fourth day of the previous month.

A previous will had been drafted for Mrs. Habig by respondent Fulkerson, and when she applied to him to write a second one he told her that…

2Cases cited3 opinions

  1. Meier v. BuchterSupreme Court of Missouri · 1906
  2. Holton v. CochranSupreme Court of Missouri · 1907
  3. Ranken v. PattonSupreme Court of Missouri · 1877

3Cited by25 opinions

  1. Estate of FosselmanCalifornia Supreme Court · 1957
  2. Burton v. StateSupreme Court of Missouri · 1982
  3. Neal v. CaldwellSupreme Court of Missouri · 1930
  4. Fowler v. FowlerSupreme Court of Missouri · 1928
  5. Pickett v. CooperSupreme Court of Missouri · 1946

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