Craig v. Craig
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tire trial court erred in refusing plaintiffs’ instruction offered at tbe close of both defendant’s case and the whole case. A will contest is a trial de novo, and the will must be proved in solemn form, as though never presented in the probate court. Not having been proved, it must fall.
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Error to St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tire trial court erred in refusing plaintiffs’ instruction offered at tbe close of both defendant’s case and the whole case. A will contest is a trial de novo, and the will must be proved in solemn form, as though never presented in the probate court. Not having been proved, it must fall. Sec. 8884, R. S. 1889; Withinton v. Withinton, 7 Mo. 592; Cravens v. Eaulconer, 28 Mo. 21; Benoist v. Murrin, 48 Mo. 54; Harris v. Hays, 53 Mo. 94; Lamb v. Helm, 56 Mo. 432; Mcllwr'ath v. Hollander, 73 Mo. 113; Norton v. Paxton, 110…
1Opinion of the Court
YALLTANT, J.-
This is a will contest. Plaintiffs are the son and «widow, defendants are the daughters of the testator. The will was admitted to probate in the probate, court of St. Louis in April, 1897, and this suit instituted soon after in the circuit court of that city. The will gives only a nominal legacy to the son, does not mention the widow, and gives substantially all the estate to the two daughters. The grounds stated in the petition to invalidate the will are, that *360the testator was of unsound mind, that the will was the result of undue influence exerted by defendants, and that it…
2Cases cited3 opinions
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Mays v. MaysSupreme Court of Missouri · 1893
- Holmes v. Holloman ex rel. EdmonsonSupreme Court of Missouri · 1849
3Cited by10 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Avaro v. AvaroSupreme Court of Missouri · 1911
- Berst v. MoxomMissouri Court of Appeals · 1911
- Harrell v. HarrellSupreme Court of Missouri · 1920
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