Spurr v. Spurr
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) In the absence from the record of the defendants William Jackson and Tom Spurr, or their legal representatives, no valid judgment on the will could be rendered. They were essential parties, being both legatees and heirs at law, and the court had been advised of their deaths.
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Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) In the absence from the record of the defendants William Jackson and Tom Spurr, or their legal representatives, no valid judgment on the will could be rendered. They were essential parties, being both legatees and heirs at law, and the court had been advised of their deaths. The motion in arrest of . judgment should therefore have been sustained and in overruling it the trial court committed fatal error. Eddie v. Parke, 31 Mo. 513; Wells v. Wells, 144 Mo. 198; Parke v. Smith, 211 S. W. 62; Currant v. O’Callighan, 125…
1Opinion of the Court
Arthur E. Spurr, a resident of the City of St. Louis, died January 29, 1916. On February 7, 1916, a writing purporting to be his last will and testament was admitted to probate by the Probate Court of the City of St. Louis. This proceeding, which is one to contest the validity of the will under the statute, was commenced March 1, 1917.
The evidence as preserved in the bill of exceptions covers more than 900 printed pages. We shall, therefore, merely outline the salient facts disclosed by it and add such matters of detail as seem necessary for an understanding of the questions presented for…
2Cases cited7 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Gay v. GillilantSupreme Court of Missouri · 1887
- Gordon v. BurrisSupreme Court of Missouri · 1899
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1891
- Wells v. WellsSupreme Court of Missouri · 1898
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3Cited by13 opinions
- Curry v. CurryTexas Supreme Court · 1954
- Patton v. SheltonSupreme Court of Missouri · 1931
- Bushman v. BarlowSupreme Court of Missouri · 1927
- Clark v. SkinnerSupreme Court of Missouri · 1934
- Klinge v. Lutheran Medical Center of St. LouisMissouri Court of Appeals · 1974
8 more not listed; retrieve them via the Exa API.