Murphy v. Murphy
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was a petition in behalf of John P. Murphy, by his-next friend Thomas C. Murphy, to establish the will of one Richard Murphy, which had been rejected by the county court.
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Appeal from Washington Circuit Court. This was a petition in behalf of John P. Murphy, by his-next friend Thomas C. Murphy, to establish the will of one Richard Murphy, which had been rejected by the county court. Upon the trial, the said Thomas C. Murphy, who had been appointed one of the executors of said will, and was also one of the two attesting witnesses, was admitted as a witness in behalf of the plaintiff to prove the execution of the will, and that the said R. Murphy was of sound and disposing mind.
1Opinion of the CourtScott, Judge
Thomas C. Murphy was one of the two attesting witnesses to the will, and he was appointed executor. The 38th section of the act concerning wills, (R. C. 1845, p. 1084,) made this appointment void; consequently he was properly admitted as a *527witness to tbe execution of tbe will. As to tbe objection that be was a party to tbe proceeding, being tbe guardian ad litem of bis son John P. Murpby, wbo was a party to tbe suit, it is sufficient to observe that a guardian is no more a party to a suit, wbicb is conducted in tbe name of bis ward, than tbe attorney is a party wbo conducts a suit for an…
2Cited by3 opinions
- Grimm v. TittmanSupreme Court of Missouri · 1892
- Baxter v. Bank of BelleSupreme Court of Missouri · 1937
- McCullough v. McCulloughSupreme Court of Missouri · 1860