Cash v. Lust
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The court should have required plaintiff to give security for costs. R. S. 1889, sec. 3916; McMahon v. McMahon, 100 Mo. 97; Jackson v. Hardin, 83 Mo. 176. (2) The court erred in refusing to give instruction number 2, asked by defendants. There was absolutely no evidence of mental unsoundness.
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Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The court should have required plaintiff to give security for costs. R. S. 1889, sec. 3916; McMahon v. McMahon, 100 Mo. 97; Jackson v. Hardin, 83 Mo. 176. (2) The court erred in refusing to give instruction number 2, asked by defendants. There was absolutely no evidence of mental unsoundness. Jackson v. Hardin, 83 Mo. 175; Maddox v. Maddox, 114 Mo. 35; Norton v. Paxton, 110 Mo. 456; McFadin v. Catron, 120 Mo. 252; 138 Mo. 197. (3) The court erred in refusing to give instruction number 3, asked by the defendant. There was no…
1Opinion of the CourtMacfarlane, J.
This is a suit contesting the will of John C. Lust, deceased. It is prosecuted by Irene M. Cash, a daughter of deceased, and her husband, Paul Cash, and Harry Liter, a grandson of deceased, by his guardian, against nine defendants, sons and daughters of deceased.
The invalidity of the will is sought to be established on two grounds: first, mental incompetency of the testator; and second, that it was made through the undue influence of defendants Christian Gh Lust and Samuel Lust. The answer admits the due execution of the will, denies the other allegations of the petition, and states that the…
2Cases cited6 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- In re Estate of SoulardSupreme Court of Missouri · 1897
- McFadin v. CatronSupreme Court of Missouri · 1894
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- McFadin v. CatronSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sehr v. LindemannSupreme Court of Missouri · 1899
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Southworth v. SouthworthSupreme Court of Missouri · 1903
- Riley v. SherwoodSupreme Court of Missouri · 1898
- Cunninghame v. HerringSupreme Court of Alabama · 1915
10 more not listed; retrieve them via the Exa API.