Lindsey v. Stephens
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The burden was upon the proponents to establish the due execution of the will. This fact was put in issue by the petition. They must also establish the sanity of the testator in order to make a primafacie case. They failed to do this and there was nothing for the jury to pass upon. There was no will.
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Appeal from Platte Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The burden was upon the proponents to establish the due execution of the will. This fact was put in issue by the petition. They must also establish the sanity of the testator in order to make a primafacie case. They failed to do this and there was nothing for the jury to pass upon. There was no will. Harris v. Hays, 53' Mo. 96. This writing was not signed by William Stephens, was not written by him, was not signed by anyone by his direction, and was not signed at all. Such an instrument is not in any sense a will. Catlett…
1Opinion of the CourtGantt, P. J.
— This is an action to contest the will of 'William Stephens of Platte county, Missouri. The plaintiffs, Mrs. Lindsey and Daniel P. Stephens, are two of the children of William L. Stephens. The defendants are his widow, Mrs. Mary Virginia Stephens, and her four children by Mr. Stephens, and a son, Louis N. Stephens, his child by his first marriage.
On the 21st of January, 1906, William L. Stephens executed the will which forms the basis of this suit. By this will he gave to his three oldest children, Louis N. Stephens, Sarah J. Lindsey, the wife of Walter T. Lindsey, and Daniel P. Stephens,…
2Cases cited3 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Von De Veld v. JudySupreme Court of Missouri · 1898
3Cited by15 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Blochowitz v. BlochowitzNebraska Supreme Court · 1932
- Bushman v. BarlowSupreme Court of Missouri · 1927
- Fessler v. FesslerSupreme Court of Missouri · 1933
- Adams v. SimpsonSupreme Court of Missouri · 1948
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