Jackson v. Hardin
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. G. H. Bubokhabtt, Judge. (1) There was evidence sufficient to go to the jury upon the question of the want of testamentary capacity of the testator. Benoist v. Murrin, 58 Mo. 307; Young v. Ridenbaugh, 67 Mo. 574; 1 Redfield Wills, 520-1. (2) If the testimony of Mrs. Jackson be true (and that was a question for the jury to determine), the testator was influenced in making the will, as to her, by a delusion.
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Appeal from Randolph Circuit Court. — Hon. G. H. Bubokhabtt, Judge. (1) There was evidence sufficient to go to the jury upon the question of the want of testamentary capacity of the testator. Benoist v. Murrin, 58 Mo. 307; Young v. Ridenbaugh, 67 Mo. 574; 1 Redfield Wills, 520-1. (2) If the testimony of Mrs. Jackson be true (and that was a question for the jury to determine), the testator was influenced in making the will, as to her, by a delusion. Benoist v. Murrin, 58 Mo. 307. (3) It was a question for the jury to determine, whether the will was attested by the attesting witnesses, Powell…
1Opinion of the Court
Philips, C.
This is a petition to contest the validity of the published will of Ben. Hardin, deceased. The *179plantiffs, Susan Jackson and Mary Herold, are daughters of the testator and the defendants are his other children. The will was executed on the 26th day of August, 1879, and the testator died on the 31st day of said month.
The provisions of the will were as follows: First, to' his wife he gave during her natural life all that the statute of the state allowed her, and at her death to revert back to the estate to go as thereinafter directed as to the remainder. of his estate. Second,…
2Cases cited11 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Hickman v. GreenSupreme Court of Missouri · 1894
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