Morton v. Simms

HOLLINGSWORTH, Judge.

This is an action brought in the Circuit Court of St. Charles County under the provisions of Section 468.580 RSMo 1949, V.A.M.S., to probate an alleged will of Aurelia Carter following its rejection by the Probate Court of that county on the ground she “lacked the necessary testamentary capacity” to make the same. The jury found the proffered instrument was not her will and judgment was rendered accordingly. Plaintiffs and defendants Redmon Morton and Floyd Morton appealed to the St. Louis Court of Appeals, which transferred the case here on the ground title to real…