Legal Opinion

Martin v. O'CONNOR

Supreme Court of Missouri

Decided July 11, 1966No. 51634PublishedCited by 15 opinions

1Opinion of the Court

HYDE, Judge.

Action to contest will of James M. Roche, deceased, on grounds of lack of mental capacity and undue influence. The jury found the Will valid and contestants have appealed from the judgment entered. We have jurisdiction because the Will disposed of real estate. Switzer v. Switzer, Mo.Sup., 373 S.W.2d 930.

Proponents have filed a motion to dismiss for failure to comply with the rules. Contestants’ failure to comply with most of the requirements of Rule 83.05, V.A.M.R. deserves dismissal but it is the policy of this court to decide cases on the merits when reasonably possible.…

2Cases cited8 opinions

  1. Switzer v. SwitzerSupreme Court of Missouri · 1964
  2. Turner v. AndersonSupreme Court of Missouri · 1911
  3. Roberts v. Emerson Electric Manufacturing CompanySupreme Court of Missouri · 1960
  4. Bensberg v. Washington UniversitySupreme Court of Missouri · 1913
  5. McCormack v. BerkingSupreme Court of Missouri · 1956

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3Cited by15 opinions

  1. Donnell v. Vigus Quarries, Inc.Missouri Court of Appeals · 1972
  2. Wykle v. ColomboSupreme Court of Missouri · 1970
  3. Hodges v. HodgesMissouri Court of Appeals · 1985
  4. Stevens v. Wetterau Foods, Inc.Missouri Court of Appeals · 1973
  5. McKinley v. VizeMissouri Court of Appeals · 1978

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