Harvy v. Chouteau
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. I. The will was not sufficiently proved; it was not present, and seen by the witnesses when they testified, though their depositions were taken in the neighbourhood of the original olographic will. It was in duplicate as was said, and only one is produced; suppose they did not agree. Both should have been produced and o,.ened here; but such was not the fact. II. The codicil was not sufficiently and legally produced.
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APPEAL from St. Louis Circuit Court. I. The will was not sufficiently proved; it was not present, and seen by the witnesses when they testified, though their depositions were taken in the neighbourhood of the original olographic will. It was in duplicate as was said, and only one is produced; suppose they did not agree. Both should have been produced and o,.ened here; but such was not the fact. II. The codicil was not sufficiently and legally produced. It was not shown to the witnesses nor present, though nothing prevented its production. They could not as subscribing witnesses, prove it,…
1Opinion of the CourtRyland, J.
From the record, in this case, it appears that, Nicholas Noel Des-trehan died at his domicil in the parish of Jefferson in the State of Louisiana about the 16th day of June, 1848, having made his olographic will in duplicate, having also made his codicil.
The olographic will is thus called because it is written, entirely in the handwriting of the testator — this will was without any subscribing witness — one of the duplicates was inclosed, carefully enveloped, sealed and marked as the olographic will of said Destrehan, and forwarded by him to Mr. Henry Choteau of St. Louis. The other was…
2Cited by7 opinions
- Hayes v. St. Louis Union Trust CompanySupreme Court of Missouri · 1955
- Rogers v. AgricolaSupreme Court of Arkansas · 1928
- Manship v. StewartIndiana Supreme Court · 1914
- Colley v. BrittonCourt of Appeals of Maryland · 1956
- Lansdale v. DearingSupreme Court of Missouri · 1943
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