Naylor v. McRuer
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) The grandchildren of James A. Naylor, to wliom he devised a large' part of his estate, were necessary parties to this action. The court helow should have arrested the judgment because of the failure to make them parties. Appellants are entitled to complain of the defect of parties, although their complaint be for the first time made in this court.
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Appeal from Platte Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) The grandchildren of James A. Naylor, to wliom he devised a large' part of his estate, were necessary parties to this action. The court helow should have arrested the judgment because of the failure to make them parties. Appellants are entitled to complain of the defect of parties, although their complaint be for the first time made in this court. Wells v. Wells, 144 Mo. 202; Eddie v. Park, 31 Mo. 513; Rush v. Rush, 19 Mo. 441. (2) One who is capable of comprehending his property and all persons who reasonably come- within…
1Opinion of the CourtFaris, J.
This is an action under the statute to contest the will of one James A. Naylor, which comes here on appeal from the circuit court of Platte county. The defendants below are the appellants here. The original petition was filed on the 19th of January, 1909, in the Circuit Court of Platte county, and the case was tried therein on the 7th day of December, 1909, at the December term of said court.
Petition The grounds of contest, as we gather from the amended petition, upon which the case was tried, are tw°j namely: (a) Undue influence averred in the petition to have been exercised upon the…
2Cases cited10 opinions
- Turner v. AndersonSupreme Court of Missouri · 1911
- McFadin v. CatronSupreme Court of Missouri · 1897
- Holton v. CochranSupreme Court of Missouri · 1907
- Smith v. PendellSupreme Court of Connecticut · 1848
- Garrison v. BlantonTexas Supreme Court · 1877
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3Cited by9 opinions
- Canty v. HalpinSupreme Court of Missouri · 1922
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
- Evans v. RankinSupreme Court of Missouri · 1931
- Moll Ex Rel. Harden v. PollackSupreme Court of Missouri · 1928
- McGrail v. SchmittSupreme Court of Missouri · 1962
4 more not listed; retrieve them via the Exa API.