Schierbaum v. Schemme
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. B. M. Hughes, Judge. (1) Tbe will was properly executed. Mays v. Mays, 114 Mo. 536; Berberret v. Berberret, 131 Mo.'399. (2) There was no evidence sufficient to show that the testator was of unsound mind or not capable of making a will at the time, and instruction No. 1 asked by the defendants to this effect should have been given.
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Appeal from Lincoln Circuit Court. — Hon. B. M. Hughes, Judge. (1) Tbe will was properly executed. Mays v. Mays, 114 Mo. 536; Berberret v. Berberret, 131 Mo.'399. (2) There was no evidence sufficient to show that the testator was of unsound mind or not capable of making a will at the time, and instruction No. 1 asked by the defendants to this effect should have been given. Harvey v. Sullens, 56' Mo. 372; Young v. Ridenbangh, 67 Mo. 574; Norton v. Paxton, 110 Mo. 456; Maddox v. Maddox, 114 Mo. 35; Martin v. Baker, 135 Mo. 495;.Jackson v. Hardin, 83 Mo. 175; Conch v. Gentry, 113 Mo. 248;…
1Opinion of the CourtValliant, J.
This is a contest of*the will of Henry Scbemme, deceased, which was probated in tbe probate court of Lincoln county in 1895. Tbe plaintiffs are one of tbe daughters of tbe testator and her husband. Defendants are a son and another daughter of testator and tbe executors of tbe will.
Tbe petition attacks tbe will on three' grounds: that it was not executed in accordance with tbe law, that at tbe time of its alleged execution tbe testator bad not mental capacity to make a will, and that it was obtained by undue influence practiced by defendant George Scbemme.
The statements constituting the charge…
2Cases cited17 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
- McFadin v. CatronSupreme Court of Missouri · 1894
- O'Connor v. MadisonMichigan Supreme Court · 1893
- Gordon v. BurrisSupreme Court of Missouri · 1897
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3Cited by63 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- State v. JonesMontana Supreme Court · 1914
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Ludlow-Saylor Wire Co. v. WollbrinckSupreme Court of Missouri · 1918
58 more not listed; retrieve them via the Exa API.