Tingley v. Cowgill
Supreme Court of Missouri
Appeal from Linn Circuit Court. I. The court committed error in refusing to direct an issue to be made up in accordance with the prayer of the petition, whether the writing purporting to be the will of John Cowgill, deceased, was his will or not. (Wagn. Stat. 1868, § 29.) H. The parties sustaining the will held the affirmative and were entitled to open and close the case. The history of the proceedings shows that the defendants were injured by refusing them this right.
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Appeal from Linn Circuit Court. I. The court committed error in refusing to direct an issue to be made up in accordance with the prayer of the petition, whether the writing purporting to be the will of John Cowgill, deceased, was his will or not. (Wagn. Stat. 1868, § 29.) H. The parties sustaining the will held the affirmative and were entitled to open and close the case. The history of the proceedings shows that the defendants were injured by refusing them this right. (Gen. Stat. 1865, p. 529, § 17; id. 530, § 29 ; ’ 28 Mo. 19; 13 Ill. 15; 5 Ohio, 279; 11 Ohio St. 329; 1 B.'Monr. 391-2, 397;…
1Opinion of the CourtWagner, Judge
This was a proceeding under the statute to contest the validity of the will of John'Cowgill, deceased, which had been admitted to probate in the Probate Court of Livingston county. Prom the record it appears that the testator had been twice married, and had two sets of children, eight in all, four by the first marriage and the same number by the second. At the time of his death the children were all grown. By the disposition of his property made in his will, he devised and bequeathed all his property to his wife Rachel and her son Henry, and the remainder of the children were substantially…
2Cases cited5 opinions
- Gibson v. GibsonSupreme Court of Missouri · 1857
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1862
- Cravens v. FaulconerSupreme Court of Missouri · 1859
- Gee v. LewisIndiana Supreme Court · 1863
- Seargent v. SewardSupreme Court of Vermont · 1859
3Cited by27 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Fugate v. PierceSupreme Court of Missouri · 1872
- Sawyer v. WhiteCourt of Appeals for the Eighth Circuit · 1903
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
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