Burton v. Holman
Supreme Court of Missouri
Appeal from Randolph Circuit Court.— Hon. A. W. Walker, Judge. (1) The testimony of Wisdom Burton and other witnesses’ testimony as to transactions had by Dr. Dinwiddie with and for Martha Harlow was incompetent and tended to prejudice the jury against him and was offered for that purpose only.
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Appeal from Randolph Circuit Court.— Hon. A. W. Walker, Judge. (1) The testimony of Wisdom Burton and other witnesses’ testimony as to transactions had by Dr. Dinwiddie with and for Martha Harlow was incompetent and tended to prejudice the jury against him and was offered for that purpose only. (2) The instruction asked at the close of the plaintiff’s case in chief should have been given for the reason, that there was no substantial testimony tending to prove “mental incapacity,” or the exercise of “undue influence,” one of which must have been proven in this casé or the instruction should…
1Opinion of the Court
This suit was commenced by plaintiff, in the Circuit Court of Randolph County, Missouri, on August 9, 1918, in vacation, to contest the will of her mother, Martha Harlow, a resident of said county, who died about April 26, 1918. The will was duly probated in said county, and is set out in the abstract of record. The executor named in the will, and the heirs of testatrix having refused to administer upon said estate, the ProbateStatement. Court of Randolph County, on May 8, 1918, appointed defendant, H. Frank Holman, public adminstrator of said county, to take charge of the estate, and he is…
2Cases cited4 opinions
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Cornet v. CornetSupreme Court of Missouri · 1913
- Riley v. O'KellySupreme Court of Missouri · 1913
- Dausman v. RankinSupreme Court of Missouri · 1905
3Cited by12 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Canty v. HalpinSupreme Court of Missouri · 1922
- State v. CreedSupreme Court of Missouri · 1923
- Patton v. SheltonSupreme Court of Missouri · 1931
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