State ex rel. Gordon v. McVeigh
Missouri Court of Appeals
Appeal from Hannibal Common Pleas. — Eon. William I. Ragland, Jndge. (1) (a) It is well settled that the oral testimony with respect to Judge McVeigh’s declaration of his intention was incompetent, for declarations of a testator as to his intentions with respect to the making of his will are inadmissible to show his intention to create a trust, as such declarations would be in effect the establishment of a testamentary disposition by parol.
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Appeal from Hannibal Common Pleas. — Eon. William I. Ragland, Jndge. (1) (a) It is well settled that the oral testimony with respect to Judge McVeigh’s declaration of his intention was incompetent, for declarations of a testator as to his intentions with respect to the making of his will are inadmissible to show his intention to create a trust, as such declarations would be in effect the establishment of a testamentary disposition by parol. Updike v. M'ace, 194 Fed. 1001; Lehnkoff v. Theine, 184 Mo. 346; Mersman v. Mersman, 136 Mo. 256 ; Gregory v. Cowgill, 19 Mo. 415. (b) The oral testimony…
1Opinion of the CourtAllen, J.
This is an action instituted at the relation of the State Auditor, under article XIV, chapter 2, Revised Statutes, 1909, to recover the collateral inheritance tax claimed to be due upon a certain legacy bequeathed by the last will and testament of Jesse H. McVeigh, deceased. The case was tried below by the court, without the intervention of a jury,, resulting in a finding and judgment for the defendants upon the ground that the legacy in question is not subject to> the said tax, and the case is here upon the relator’s appeal.
Judge Jesse H. McVeigh died testate in Marion county, Missouri, on…
2Cases cited17 opinions
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Knox v. KnoxWisconsin Supreme Court · 1884
- Burnet v. BurnetSupreme Court of Missouri · 1912
- In Re the Estate of MitchellCalifornia Supreme Court · 1911
- Murphy v. CarlinSupreme Court of Missouri · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Blakeslee v. AllenCalifornia Supreme Court · 1931
- St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
- Blumer v. GillespieSupreme Court of Missouri · 1936
- Snow v. FerrilSupreme Court of Missouri · 1928
- English v. RagsdaleSupreme Court of Missouri · 1941
3 more not listed; retrieve them via the Exa API.