Tibbe v. Kamp
Supreme Court of Missouri
Appeal from Eranldin Circuit Court. — Eon. Rudolph Eirzel, Judge. (1) The trial court committed error in admitting over defendants’ objections, immaterial, incompetent and hearsay testimony of the declarations made by testator long before ■and after the date of the will, to the prejudice of defendants.
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Appeal from Eranldin Circuit Court. — Eon. Rudolph Eirzel, Judge. (1) The trial court committed error in admitting over defendants’ objections, immaterial, incompetent and hearsay testimony of the declarations made by testator long before ■and after the date of the will, to the prejudice of defendants. These declarations of testator, introduced in evidence by plaintiffs, were all remote from the time of execution of the will in contest and did not have any connection with it. The ■rule is well settled in this State since the leading case of Gibson v. Gibson, 24 Mo. 227, that on the issue…
1Opinion of the Court
IN DIVISION ONE.
MARSHALL, J.
This is a proceeding by the son and widow to contest the will of Henry Tibbe, on the grounds: 1st, that it was not his will -and that he was not of sound and disposing mind when he executed it; and 2d, that it was procured by the undue influence of Reverend Holke, the pastor of the Evangelical St. Peter’s Congregation, of which the deceased was a member. The trial in the circuit court resulted in a verdict and judgment in favor of the contestants, setting aside the will, on the second ground alleged, the first ground having been withdrawn from the jury by an…
2Cases cited13 opinions
- McFadin v. CatronSupreme Court of Missouri · 1897
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Berberet v. BerberetSupreme Court of Missouri · 1895
- Brinkman v. RueggesickSupreme Court of Missouri · 1880
- Sehr v. LindemannSupreme Court of Missouri · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Patton v. SheltonSupreme Court of Missouri · 1931
- Crowson v. CrowsonSupreme Court of Missouri · 1903
- In Re Bryan's EstateUtah Supreme Court · 1933
- Hayes v. HayesSupreme Court of Missouri · 1912
- King v. GilsonSupreme Court of Missouri · 1907
9 more not listed; retrieve them via the Exa API.