Nook v. Zuck
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — lion. John W. Daioson, Judge. (1) The will being in the handwriting of another, proof of the adoption by the testator must be clear. 40 Cyc. 1084; Plater v. Groome, 3 Md. 134. (2) The testator must know and understand the contents and meaning of the will. If it appears affirmatively that he did not read it, and that it was not read to him, it must be shown that the contents were in some way known to him. 40 Cyc. 1100-2, 1101-d.
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Appeal from Atchison Circuit Court. — lion. John W. Daioson, Judge. (1) The will being in the handwriting of another, proof of the adoption by the testator must be clear. 40 Cyc. 1084; Plater v. Groome, 3 Md. 134. (2) The testator must know and understand the contents and meaning of the will. If it appears affirmatively that he did not read it, and that it was not read to him, it must be shown that the contents were in some way known to him. 40 Cyc. 1100-2, 1101-d. (3) A will executed in a language unknown to the testator is valid where it appears he knew the contents, but otherwise is void.…
1Opinion of the CourtElder, J.
This is a suit to contest the will of Chris Nook, deceased, brought by appellant, a son of the testator. Respondent J. B. Zuck is the administrat- or, with the will annexed, of the estate of said Chris Nook; respondent Lena Speigel, wife of Andrew Speigel, is the daughter of the deceased; respondents Georgie Mattis et al. are minor grandchildren of the deceased.
The will was dated Februpary 12, 1917, and was admitted to probate by the Probate Court of Atchison County on February 11, 1919. The testator died August 31, 1918.
The charging part of the petition alleges that for several years before…
2Cases cited14 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Hahn v. HammersteinSupreme Court of Missouri · 1917
- Southworth v. SouthworthSupreme Court of Missouri · 1903
- Sayre v. Trustees of Princeton UniversitySupreme Court of Missouri · 1905
- Cravens v. FaulconerSupreme Court of Missouri · 1859
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3Cited by6 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- State Ex Rel. Smith v. HughesSupreme Court of Missouri · 1947
- Patton v. SheltonSupreme Court of Missouri · 1931
- Bushman v. BarlowSupreme Court of Missouri · 1927
- Meyers v. DrakeSupreme Court of Missouri · 1930
1 more not listed; retrieve them via the Exa API.