St. Louis Hospital Ass'n v. Wegman
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was a proceeding commenced in the St. Louis Circuit Court to establish the will of John Williams, previously rejected in the Probate Court. It is the same case reported in 19 Mo. Rep. 609, and there reversed for an insufficient finding of the facts.
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Error to St. Louis Circuit Court. This was a proceeding commenced in the St. Louis Circuit Court to establish the will of John Williams, previously rejected in the Probate Court. It is the same case reported in 19 Mo. Rep. 609, and there reversed for an insufficient finding of the facts. After it was remanded, it was again tried by the court without a jury, and the following facts found- in regard to the circumstances attending the execution of the will: “That Williams being too feeble from illness to write his name, P. B. Garesche, at the request and in the presence of Williams, wrote the…
1Opinion of the Court
Scott, Judge.
It appears that the testator’s- name was-signed to this will at his request. The case, then, is within the words of the statute. This subject was considered at the lasfc *18term of this court at Jefferson city, in tbe case of Northcutt v. Northcutt. It was there held that the cross could only be regarded as a signing within the statute, when 'that mark alone was used; that if, in addition to the cross, the name of the testator was subscribed, at his request, then it was a case within the statute. The other judges concurring, the judgment will be affirmed.
2Cited by2 opinions
- Catlett v. CatlettSupreme Court of Missouri · 1874
- Wilson v. CraigWashington Supreme Court · 1915