Turner v. Anderson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The jury were not authorized to fill up gaps in the evidence by mere speculation. Bank v. Railroad, 98 Mo. App. 330; Tibbe v. Kamp, 154 Mo. 580. (2) There was no proof of undue influence, nor any proof.that any such influence was operative in the making of the will.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The jury were not authorized to fill up gaps in the evidence by mere speculation. Bank v. Railroad, 98 Mo. App. 330; Tibbe v. Kamp, 154 Mo. 580. (2) There was no proof of undue influence, nor any proof.that any such influence was operative in the making of the will. Wood v. Carpenter, 166 Mo. 465; McFaddin v. Catron, 138 Mo. 197; Defoe v. Defoe, 144 Mo. 458; Sebr v. Lindeman, 153 Mo. 276; Fulton v. Freeland, 219 Mo. 494; Weston v. Hanson, 212 Mo. 248. (3) On the record this case ought to be reversed and remanded with…
1Opinion of the CourtLamm, J.
In June, 1900, Mathew W. Anderson made his will. In November, 1903, he made a codicil. On March 29, 1905, he made a new will, dying January 20, 1906. Six months later plaintiff, a grandson, sued in the Jackson Circuit Court to break it. After a ten days’ trial in which 67 witnesses were examined, their testimony and documentary evidence covering 764 pages of solid print, the jury broke the will, and judgment followed that verdict. Among the defendants were Mary W. Anderson, widow of testator (his second wife), and Henry Clay and Mathew William Anderson, Jr., minor sons of testator by said…
2Cases cited3 opinions
- Houston v. WilliamsCalifornia Supreme Court · 1859
- Holton v. CochranSupreme Court of Missouri · 1907
- Fulton v. FreelandSupreme Court of Missouri · 1909
3Cited by41 opinions
- Kennedy v. DixonSupreme Court of Missouri · 1969
- Denny v. GuytonSupreme Court of Missouri · 1931
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Friedel v. BaileySupreme Court of Missouri · 1931
- Hall v. Mercantile Trust Co.Supreme Court of Missouri · 1933
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