Legal Opinion

Grantham v. Gossett

Supreme Court of Missouri

Decided June 20, 1904PublishedCited by 19 opinions

Appeal from Jackson Circuit Court. — No». E. P. Gates, Judge. (1) There is no satisfactory proof (nor indeed any proof), either of a contract “to adopt” (or of an actual adoption), or of a contract “to give a child share in estate.” Neither the “family” witnesses or the corroborative witnesses (if they may be so called or designated), make up, either separately or in combination, a coherent, consecutive, probable story.

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Appeal from Jackson Circuit Court. — No». E. P. Gates, Judge. (1) There is no satisfactory proof (nor indeed any proof), either of a contract “to adopt” (or of an actual adoption), or of a contract “to give a child share in estate.” Neither the “family” witnesses or the corroborative witnesses (if they may be so called or designated), make up, either separately or in combination, a coherent, consecutive, probable story. They contradict each other and are self-contradictory, and are all, and each of them, upon all the canons of evidence, unworthy of belief. It is utterly impossible, upon…

1Opinion of the CourtValliant, J.

This is a suit against the personal representatives and heirs of R. T. Wilson, deceased. The petition is in two counts. The first count states that when the plaintiff was a very young child, an agreement was made between her father and Mr. Wilson that the latter would adopt the “plaintiff as his lawful heir under the statutes of the State of Missouri;” whereupon her father delivered her to Mr. Wilson who received her in his family, where she was reared as his own child, dropping her own name, which was. Mary Elizabeth Triplett, and taking that of Minnie Wilson; that she continued to live in…

2Cases cited11 opinions

  1. Sharkey v. McDermottSupreme Court of Missouri · 1887
  2. Sutton v. HaydenSupreme Court of Missouri · 1876
  3. Lynn v. HookadaySupreme Court of Missouri · 1901
  4. Gupton v. GuptonSupreme Court of Missouri · 1870
  5. Healey v. SimpsonSupreme Court of Missouri · 1892

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3Cited by19 opinions

  1. Chehak v. BattlesSupreme Court of Iowa · 1907
  2. Cubley v. BarbeeTexas Supreme Court · 1934
  3. Niehaus v. MaddenSupreme Court of Missouri · 1941
  4. Wales v. HoldenSupreme Court of Missouri · 1908
  5. Taylor v. CoberlySupreme Court of Missouri · 1931

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