Harvey v. Heirs of Isaac Sullens
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Defendants were entitled to open and close. ’ (Cravens vs. Faulconer, 28 Mo., 19; Tingley vs. Cowgill, 48 Mo. 291; Handley vs. Stacey, 1 Post. & Fin., 674.) II. Physical inability to transact business constitutes no disqualification for making a will. There must be a want of mental capacity, not to “ transact,” but to comprehend or understand, ordinary business.
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Appeal from St. Louis Circuit Court. I. Defendants were entitled to open and close. ’ (Cravens vs. Faulconer, 28 Mo., 19; Tingley vs. Cowgill, 48 Mo. 291; Handley vs. Stacey, 1 Post. & Fin., 674.) II. Physical inability to transact business constitutes no disqualification for making a will. There must be a want of mental capacity, not to “ transact,” but to comprehend or understand, ordinary business. (1 W’ms Ex., 36; Stanell vs. Kenan, 33 G-a,, 56; Stewart’s Ex. vs. Lispenard, 26 Wend., 255.)
1Opinion of the CourtWagner, Judge
Plaintiffs filed their petition in the Circuit Court, for the purpose of contesting the will -of Elizabeth Sip, deceased, which had previously been admitted to probate. By the will all the testatrix’s real estate, which comprised the greater portion of her property, was devised to the defendant, Sullens, who was to her an entire stranger in blood.
The petition alleged that the paper writing produced was not the last will and testament of Mrs. Sip; that it was obtained by undue influence, and that when she’made the same she was not of sound and disposing mind.
*373These allegations were all denied…
2Cases cited8 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clark v. FisherNew York Court of Chancery · 1828
- Stewart's v. LispenardNew York Supreme Court · 1841
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1862
- Thompson v. ThompsonNew York Supreme Court · 1855
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3Cited by10 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Cape Girardeau & Chester Railroad v. BlechleSupreme Court of Missouri · 1911
- Crum v. CrumSupreme Court of Missouri · 1910
5 more not listed; retrieve them via the Exa API.