Berst v. Moxom
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Burden of proving tlie instrument rests upon defendants. They are required to show the testator was of lawful age and of sound mind, as well as the due execution of the will.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Burden of proving tlie instrument rests upon defendants. They are required to show the testator was of lawful age and of sound mind, as well as the due execution of the will. Harris v. Hays, 53 Mo. 96; Holton v. Cochran, 208 Mo. 410; Mowry v. Norman, 204 Mo. 189; Cowan v. Shaver, 197 Mo. 212. (2) Ordinarily burden of showing undue influence rests upon plaintiff, but if a fiduciary relation is established or some confidential relation between defendants and testator, then the burden shifts. The presence of relation of confidence…
1Opinion of the CourtGray, J.
— This action was instituted in the circuit court of Wright county to contest the will of G. H. Moxom. G. H. Moxom was ■ married twice, and both wives were living at the time of his death, which occurred in Greene county, on the 24h day of January, 1909. The appellant and the respondent, J. A. Moxom, are the children of the first marriage, and the respondents, W. J. Moxom and Eva Moxom, are children of the second marriage, and the respondent, Harriet Moxom was the second wife and the mother of the respondents, W. J. Moxom and Eva Moxom.
G. H. Moxom, deceased, was past seventy years of age at…
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