McGee v. Porter
Supreme Court of Missouri
ERROR to Marion Circuit Court, I.On the issue as to the soundness of the mind of said James McGee, to entitle him to make a valid will, the weight of evidence was with the defendants below. XI. The court below committed error in permitting persons other than the attesting witnesses to testify as to their opinions of the testator’s capacity at the time to make a will (see 2 Greenl. on Ev. p. 577,) sec. 691, title wills, and authorities there cited. 7 Mo.
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ERROR to Marion Circuit Court, I.On the issue as to the soundness of the mind of said James McGee, to entitle him to make a valid will, the weight of evidence was with the defendants below. XI. The court below committed error in permitting persons other than the attesting witnesses to testify as to their opinions of the testator’s capacity at the time to make a will (see 2 Greenl. on Ev. p. 577,) sec. 691, title wills, and authorities there cited. 7 Mo. E. 589, Wilhington et. al. vs. Withinglon et. al. III. Said writing was not signed by the said James McGee, hut his name was signed by his…
1Opinion of the CourtRyland, J.
This was a proceeding in the circuit court of Monroe county, in order to have a certain instrument of writing established as the last will of James McGee. The county court had previously to the commencement of this proceeding, refused to admit the same to probate.
The testimony appearing on the record is conflicting and unsatisfactory in relation to the sanity of the testator at the time of making the supposed will- We are not disposed however to find fault with the verdict of the jury — the fact of the soundness and capacity of mind of the said James McGee was fairly submitted to the jury by…
2Cited by3 opinions
- Walton v. KendrickSupreme Court of Missouri · 1894
- St. Louis Hospital Ass'n v. Williams' AdministratorSupreme Court of Missouri · 1854
- Abraham v. WilkinsSupreme Court of Arkansas · 1856