Fulbright v. Perry County
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. (1) It was the duty of the court to submit the questions of fact to the jury, and it would have been error on the part of the court to give the peremptory instruction, had contestants failed to introduce a single witness.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. (1) It was the duty of the court to submit the questions of fact to the jury, and it would have been error on the part of the court to give the peremptory instruction, had contestants failed to introduce a single witness. Schroeder v. Bailroad, 108 Mo. 322; Gregory v. Chambers, 78 Mo. 298; Bryan v. Wear, 4 Mo. 106; Franjee v.' St. Louis, 110 Mo. 516; Young v. RidenbaugJi, 67 Mo. 586; Norton v. Paxton, 110 Mo. 456. (2) The burden of proof is upon'the' party seeking to uphold the will. Thompson v. Ish, 99 Mo. 160; Gay v.…
1Opinion of the CourtBurgess, J.
This is a suit to set aside the will of John F. Fulbright, late of Perry county, Missouri. The suit was begun in the circuit court of said county, but by agreement of all parties the venue was subsequently changed to the circuit court of Cape Girardeau county where the case was tried at the August term, 1895.
For grounds for setting aside the will the petition alleges, that for a long time prior thereto and at the time the said supposed will was subscribed by the said John Fulbright, and also at the time the same was published and declared as and for his last will and testament, the said John…
2Cases cited9 opinions
- Bell County v. AlexanderTexas Supreme Court · 1858
- Benoist v. MurrinSupreme Court of Missouri · 1874
- McFadin v. CatronSupreme Court of Missouri · 1897
- Carl v. GabelSupreme Court of Missouri · 1894
- of Converse v. ConverseSupreme Court of Vermont · 1849
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3Cited by17 opinions
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