Beyer v. Schlenker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale) Judge. (1) In a case where there is only one proponent or contestee of the will the admissions of such person are admissible to avoid the will. Teckenbrock v. McLaughlin, 209 Mo. 533; Clark v. Morrison, 25 Pa.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale) Judge. (1) In a case where there is only one proponent or contestee of the will the admissions of such person are admissible to avoid the will. Teckenbrock v. McLaughlin, 209 Mo. 533; Clark v. Morrison, 25 Pa. St. 546; "Wood v. Carpenter, 166 Mo. 485; Meier v. Buchter, 197 Mo. 69. (2) When evidence is given in support of an issue, and such evidence is not of a character which required the interpretation of the court, it has been held that the jury should be left to pass upon it though no contradictory evidence be given. The jury,…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).- — ¥e dispose of the contention that due and legal execution of the will was not proven by uncontradicted and clear evidence and that there was a conflict of evidence as to its execution, and that this was for the jury, by saying* that the evidence by qualified witnesses, clearly and without contradiction, showed that the pgper produced was signed by Mr. Beyer himself as and for his will, and was attested by two competent witnesses subscribing their names to it in the presence of the testator, as required by section 4604, Revised Statutes 1899, now section 537,…
2Cases cited15 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Gordon v. BurrisSupreme Court of Missouri · 1897
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3Cited by2 opinions
- Murphy v. NettMontana Supreme Court · 1913
- Busick v. BusickSupreme Court of Iowa · 1921