Gay v. Gillilant
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) Tlie court erred in admitting parol evidence Of tbe contents of former wills. Ranlcin v. RanMn, 61 Mo. 295. (2) The court below erred in giving defendants’ instructions and particularly the first, which attempts to define sufficient mental capacity and what it takes to constitute undue influence, and by what proof these should be established.
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Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) Tlie court erred in admitting parol evidence Of tbe contents of former wills. Ranlcin v. RanMn, 61 Mo. 295. (2) The court below erred in giving defendants’ instructions and particularly the first, which attempts to define sufficient mental capacity and what it takes to constitute undue influence, and by what proof these should be established. Harvey v. JSullens, 46 Mo. 147. When Gillilan’s influence was shown in connection with the fact that he got the bulk of the estate, then the burden of proof shifted and it devolved…
1Opinion of the CourtSherwood, J.
This suit is a statutory proceeding to determine whether the instrument executed January *25613, 1882, was the last will of Nathan Gillilan, deceased. He died December 17, 1882. Plaintiffs claim that it was made under undue influence, obtained and exercised by his son George, one of the defendants, and the principal beneficiary, by threats of taking his father’s life. Other grounds were alleged in the petition, that the testator was not possessed of sufficient testamentary capacity to make a will, and was intoxicated when he signed the instrument in question. The testimony exhibits a considerable…
2Cases cited9 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Nichols v. WinfreySupreme Court of Missouri · 1883
- Culbertson v. HillSupreme Court of Missouri · 1885
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3Cited by38 opinions
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- Mowry v. NormanSupreme Court of Missouri · 1907
- McFadin v. CatronSupreme Court of Missouri · 1894
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- State v. HerrellSupreme Court of Missouri · 1888
33 more not listed; retrieve them via the Exa API.