Morton v. Heidorn
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in permitting the paper propounded by defendants as the last will of Frederick W. Utz, deceased, to be read to the jury over plaintiffs’ objection and for refusing to give plaintiffs’ instructions asked at the close of defendants’ proof of will because the defendants failed to establish the proper attestation of said will of said Frederick W. Utz, by the attesting witnesses thereto.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in permitting the paper propounded by defendants as the last will of Frederick W. Utz, deceased, to be read to the jury over plaintiffs’ objection and for refusing to give plaintiffs’ instructions asked at the close of defendants’ proof of will because the defendants failed to establish the proper attestation of said will of said Frederick W. Utz, by the attesting witnesses thereto. Miltenberger v. Milten-berger, 8 Mo. App. 306; Miltenberger v. Miltenberger, 78 Mo. 27; Withington v. Withington, 7 Mo.…
1Opinion of the CourtBarclay, J.
The case is a statutory contest of the validity of the will of Frederick W. Utz. He died in March, 1889, leaving a mother and some sisters, who are the principal plaintiffs, joined by some formal parties, such as husbands and administrators. The will in dispute was drawn in favor of Mrs. Utz, as residuary legatee and devisee. It also contains legacies of $1 each to three of the testator’s sisters. It was executed a few days before his death, and attested in due form (subject to the qualification to be mentioned further on). The chief defendant is the widow of Mr. Utz, who became Mrs. Heidorn…
2Cases cited14 opinions
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- State v. TaylorSupreme Court of Missouri · 1893
- State v. MartinSupreme Court of Missouri · 1894
- Gay v. GillilantSupreme Court of Missouri · 1887
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3Cited by34 opinions
- Guthrie v. HolmesSupreme Court of Missouri · 1917
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- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Wilson v. MurchMissouri Court of Appeals · 1962
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
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