Turner v. Anderson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) That part of the opinion in Turner v. Anderson, 236 Mo. 523, 542, relating to testamentary capacity, was coram non judice, and is not binding on this, appeal, because no one appealed on the issue of testamentary capacity, and there was no such issue before this court. McFadden v. Rippey, 8 Mo." 740; Campbell v. Coquard, 93 Mo. 474; Nearen v. Bakewell, 110 Mo. 645 ; Sanderson v. Wertz, 44 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) That part of the opinion in Turner v. Anderson, 236 Mo. 523, 542, relating to testamentary capacity, was coram non judice, and is not binding on this, appeal, because no one appealed on the issue of testamentary capacity, and there was no such issue before this court. McFadden v. Rippey, 8 Mo." 740; Campbell v. Coquard, 93 Mo. 474; Nearen v. Bakewell, 110 Mo. 645 ; Sanderson v. Wertz, 44 Mo. App. 496 ; St. Louis v. Lanigan, 97 Mo. 180; Sutton v. Dameron, 100 Mo. 141; Rogers v. Wolfe, 104 Mo. 1; Callaway County v. Henderson, 119…
1Opinion of the CourtLamm, C. J.
— In a suit in the Jackson Circuit Court the issue was the statutory one, devisavit vel non. All parties take under the will. The controversy has birth in that fruitful womb of litigation, to-wit, two marriages, two sets of children and a partial will largely in favor of the widow and last set, made late in life and disposing of a great estate. Plaintiff is a son of testator’s deceased daughter by a first marriage, Mrs. Turner. Defendants are the widow of testator by a second marriage, two sons born of that marriage, a daughter by the first marriage, Mrs. Harvey, and a minor brother of…
2Cases cited10 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Mangold v. BaconSupreme Court of Missouri · 1911
- Mowry v. NormanSupreme Court of Missouri · 1907
- Turner v. AndersonSupreme Court of Missouri · 1911
- Meier v. BuchterSupreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- McCannon v. McCannonCourt of Appeals of Texas · 1927
- Campbell v. St. Louis Union Trust Co.Supreme Court of Missouri · 1940
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- Norris v. BristowSupreme Court of Missouri · 1951
15 more not listed; retrieve them via the Exa API.