Ennis v. Burnham
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. Jno. A. Hocicaday, Judge. (1) The court erred in permitting plaintiffs to be asked this question: “State whether or not in your opinion your father was in a fit mental condition at any time for several years before he died to transact business.” The capacity of the deceased to understand the transaction in which he was engaged is the test of his ability to make the deed.
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Appeal from Howard Circuit Court. — Hon. Jno. A. Hocicaday, Judge. (1) The court erred in permitting plaintiffs to be asked this question: “State whether or not in your opinion your father was in a fit mental condition at any time for several years before he died to transact business.” The capacity of the deceased to understand the transaction in which he was engaged is the test of his ability to make the deed. The standard of “fit mental condition” in the mind of the witness might be very different from the legal criterion. (2) There was a valuable and sufficient consideration for the deed.…
1Opinion of the Court
BRACE, P. L.
This is an appeal by the defendants, William B. Burnham and his wife Rhoda M. Burnham, from a decree of the circuit court of Howard county, setting aside and annulling a warranty deed executed by Ephraim Snavely and his wife Julia E. Snavely, parties of the first part, dated *499April 24, 1895, by them duly acknowledged on May 6, 1895, and filed for record on June 5, 1896, whereby said Snavely and wife conveyed to the said William B. and Rhoda Burnham, parties of-the second part, a tract of land containing 189 acres, situate in Howard county and particularly described in the decree…
2Cited by11 opinions
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- Cook v. HigginsSupreme Court of Missouri · 1921
- Schneider v. JohnsonSupreme Court of Missouri · 1948
- Vining v. Ramage.Supreme Court of Missouri · 1928
- Kansas City, Missouri v. Kansas City, KansasDistrict Court, W.D. Missouri · 1975
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