Southworth v. Southworth
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. Paris G. Stepp, Judge. (1) The court erred in refusing to instruct the jury, at the close of defendants’'evidence, to find the will was not the last will of Mr. Southworth. First. The will was signed by Mr. Southworth and by the witnesses to the will in an unfinished state.
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Appeal from Mercer Circuit Court. — Hon. Paris G. Stepp, Judge. (1) The court erred in refusing to instruct the jury, at the close of defendants’'evidence, to find the will was not the last will of Mr. Southworth. First. The will was signed by Mr. Southworth and by the witnesses to the will in an unfinished state. It was not •signed and attested as Mr. Southworth’s will, but the 'paper introduced in evidence was the paper upon which part of Mr. Southworth’s will was written, but conditions being such that it could not be completed, the ■scrivener had Mr. Southworth sign same and had the…
1Opinion of the CourtBrace, P. J.
On October 14, 1899, Oscar H. Southworth, late of Mercer county, died possessed of an estate of the value of about twelve thousand dollars, consisting of real and personal property, situate in said county, leaving him surviving as his only heirs at law, two grandchildren,- both children of a deceased son. The plaintiff Oie Southworth is one, and the defendant Henry J. Southworth is the other of these grandchildren. The other defendant, Eliza J. South-worth, is the mother of said deceased. Afterwards on October 23, 1899, there was presented to the probate court of said county for probate, an…
2Cases cited20 opinions
- Benoist v. MurrinSupreme Court of Missouri · 1874
- McFadin v. CatronSupreme Court of Missouri · 1894
- Morton v. HeidornSupreme Court of Missouri · 1896
- McFadin v. CatronSupreme Court of Missouri · 1897
- Berberet v. BerberetSupreme Court of Missouri · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Look v. FrenchSupreme Court of Missouri · 1940
17 more not listed; retrieve them via the Exa API.