Rogers v. Troost's Admr.
Supreme Court of Missouri
dip peal from Jackson Circuit Court. I. In almost every case like the present, where a will is contested on the ground that it has been procured by fraud and undue influence on the part of the principal devisee, the chief inquiry after ascertaining the character of the testator, is to ascertain the character of tiie devisee. (Nussear vs. Arnold, 13 Serg. & R., 327; Dietrick vs. Dietrick, 5 Serg. &R., 208; Dean vs. Negley, 41 Penn.
Read the full summary
dip peal from Jackson Circuit Court. I. In almost every case like the present, where a will is contested on the ground that it has been procured by fraud and undue influence on the part of the principal devisee, the chief inquiry after ascertaining the character of the testator, is to ascertain the character of tiie devisee. (Nussear vs. Arnold, 13 Serg. & R., 327; Dietrick vs. Dietrick, 5 Serg. &R., 208; Dean vs. Negley, 41 Penn. St., 312; State vs. Shields, 13 Mo., 236; Day vs. State, Id., 423.) II. The objections to the testimony offered were not sufficiently definite. The objections as…
1Opinion of the CourtVories, Judge
William Gillis died in Jackson County in July 1869, leaving a will. Plaintiffs are his only children, their mothers being Delaware Indians to whom he is alleged to have been married. Gillis left a large estate of which he by his will only bequeathed plaintiffs ten dollars each, leaving all the remainder of his large estate to Mary A. Troost, his niece, who resided with him at the time of his death, plaintiffs not having resided with him for many years. Mary A. Troost was by the said will of Gillis appointed executrix thereof, and at the November term of the Probate Court of Jackson County she…
2Cases cited1 opinion
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
3Cited by6 opinions
- Vawter v. HultzSupreme Court of Missouri · 1892
- Stark v. Publishers George Knapp & Co.Supreme Court of Missouri · 1901
- Home Lumber Co. v. HartmanMissouri Court of Appeals · 1891
- Gubernator v. RettalackMissouri Court of Appeals · 1900
- Thomas v. StumpSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.