Winn v. Grier
Supreme Court of Missouri
Appeal from Bucb.au.an Circuit Court. — Eon. G. A. Mosman, Judge. (1) Mental incapacity to invalidate a will may be shown by taking into consideration the testator’s physical condition, his age, the nature of his will and disposition of his property, and the surrounding facts and circumstances. It is not necessary that insanity actually exist. It is sufficient if, upon the whole case made, the evidence tends to show lack of testamentary capacity.
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Appeal from Bucb.au.an Circuit Court. — Eon. G. A. Mosman, Judge. (1) Mental incapacity to invalidate a will may be shown by taking into consideration the testator’s physical condition, his age, the nature of his will and disposition of his property, and the surrounding facts and circumstances. It is not necessary that insanity actually exist. It is sufficient if, upon the whole case made, the evidence tends to show lack of testamentary capacity. Chappell v. Trent, 19 S. E. (Va.) 304. The above case is a leading case, which discusses thoroughly the general rule of testamentary capacity. See,…
1Opinion of the CourtFox, J.
Prom a judgment and decree of the circuit court of Buchanan county, in favor of defendants, plaintiffs appeal.
This is a proceeding to contest the validity of the will of George S. Karnes, who died in Buchanan county, Missouri, on the — day of March, 1904, at the age of eighty-two. Mrs. Jennie Winn and Mrs. Elizabeth Jeffries are daughters of George S. Karnes, deceased, and Leroy Jeffries, the husband of Mrs. Jeffries. The defendants, or proponents of the will, are children of the deceased; Edward Gilpin, husband of Carrie Gilpin, and John N. Karnes, being executors of the will. On January 8,…
2Cases cited22 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State v. McLaughlinSupreme Court of Missouri · 1858
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- McFadin v. CatronSupreme Court of Missouri · 1897
- Berberet v. BerberetSupreme Court of Missouri · 1895
17 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- McCoy v. McCoySupreme Court of Missouri · 1950
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Hall v. Mercantile Trust Co.Supreme Court of Missouri · 1933
30 more not listed; retrieve them via the Exa API.