Legal Opinion

Buford v. Gruber

Supreme Court of Missouri

Decided November 23, 1909PublishedCited by 14 opinions

Appeal from Lafayette Circuit Court . — Hon. Samuel Davis, Judge. (1) The court erred in overruling the demurrer to the evidence and in refusing to give a peremptory instruction directing the jury to return a verdict sustaining the will.

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Appeal from Lafayette Circuit Court . — Hon. Samuel Davis, Judge. (1) The court erred in overruling the demurrer to the evidence and in refusing to give a peremptory instruction directing the jury to return a verdict sustaining the will. The evidence clearly shows that the testator had sufficient capacity to make the will a.t the time he executed it. . Techenbrook v. McLaughlin, 209 Mo,. 540; Western v. Planson, 111 S. W. 49; Archambault v. Blanchard, 198 Mo. 384; Harvey v. Sullens ’ Heirs, 56 Mo. 372; South-worth v. Southworth, 173 Mo. 59; Couch v. Gentry, 113 Mo. 218; Hamon v. Hamon, 180…

1Opinion of the CourtFox, J.

This action was instituted by respondent, Elizabeth E. Buford, in the Lafayette Circuit Court, on June 21, 1904, against Robert Gustav Gruber and Casper William Gruber, minors, and Walter B. Waddell and John Chamberlain, executors, having as its purpose the contest of the last will and testament of Gustav Gruber, the father of Elizabeth E. Buford, Robert Gustav Gruber and Casper William Gruber.

It is charged in the petition filed by respondent that Gustav Gruber, on the 14th day of October, 1903, in form did sign a paper writing purporting to be his last will and testament, by which he gave to…

2Cases cited4 opinions

  1. Benoist v. MurrinSupreme Court of Missouri · 1874
  2. State v. LoweSupreme Court of Missouri · 1887
  3. Knapp v. St. Louis Trust Co.Supreme Court of Missouri · 1906
  4. State v. WilnerWisconsin Supreme Court · 1876

3Cited by14 opinions

  1. Hall v. Mercantile Trust Co.Supreme Court of Missouri · 1933
  2. Barnes v. MarshallSupreme Court of Missouri · 1971
  3. Detrich v. Mercantile Trust CompanySupreme Court of Missouri · 1956
  4. Rock v. KellerSupreme Court of Missouri · 1926
  5. Schoenhoff v. HaeringSupreme Court of Missouri · 1931

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