Harrell v. Harrell
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolf oik, Judge. (1) The statutes require that a valid and effective will must be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.
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Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolf oik, Judge. (1) The statutes require that a valid and effective will must be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. R. S. 1909, sec. 537; McGhee v. Porter, 14 Mo. 611; Cowan v. Shaver, 197 Mo. 203. (2) Likewise the statutes provided how a will shall be proved by the witnesses, if living and present, by the probate court or the clerk or judge in vacation (R. S. 1909, sec. 547); if any witness is absent, residing without the United ¿States or out of this State or…
1Opinion of the CourtGoode, J.
This is a proceeding to contest the will of James S. Harrell, who died in Lincoln County, Missouri, March 27,1915, leaving as his only heirs at law his mother, the plaintiff Geneva Harrell, and the defendants Albert, William, Sherman, Edward, Wesley and Harvey Harrell, his brothers, and Jennie Creech, a sister. The petition alleges that on Oct. 9,1916, there was admitted to probate by the Probate Court of Lincoln County, as the last will of said James Harrell, the following instrument of writing:
“I James Harrell, of the County of Lincoln and State of Missouri, do make and publish this my last…
2Cases cited11 opinions
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
- Hamilton v. CroweSupreme Court of Missouri · 1903
- Stowe v. StoweSupreme Court of Missouri · 1897
- Banks v. BanksSupreme Court of Missouri · 1877
- Mays v. MaysSupreme Court of Missouri · 1893
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3Cited by7 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- In Re Killgore's EstateIdaho Supreme Court · 1962
- Warren v. Sidney's EstateMississippi Supreme Court · 1938
- Capps v. AdamsonSupreme Court of Missouri · 1951
- Thomson v. ButlerSupreme Court of Missouri · 1941
2 more not listed; retrieve them via the Exa API.