Doherty v. Gilmore
Supreme Court of Missouri
Appeal from DeEalb Circuit Court. — Hon. W. S. Hebndon, Judge. (1) The court committed reversible errors in giving to the jury instructions numbered 1, 5, 6, and 8 on the part of the plaintiffs, because there was no evidence of Joseph D. Gilmore having exercised undue influence over the mind of the testator.
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Appeal from DeEalb Circuit Court. — Hon. W. S. Hebndon, Judge. (1) The court committed reversible errors in giving to the jury instructions numbered 1, 5, 6, and 8 on the part of the plaintiffs, because there was no evidence of Joseph D. Gilmore having exercised undue influence over the mind of the testator. McFadin v. Catron, 120 Mo. 252; Maddox v. Maddox, 114 Mo. 35; Norton v. Paxton, 110 Mo. 456; Thompson v. Ish, 99 Mo. 160; Jackson v. Hardin, 83 Mo. 175; Brinkman v. Bueggesick, 71 Mo. 553; Spoonmore v. Cables, 66 Mo. 579; Alexander v. Harrison, 38 Mo. 258. (2) For the same reason the…
1Opinion of the Court
DIVISION ONE.
Robinson, J.
This is a suit to set aside the will of William T. Doherty, founded upon a petition in two counts; the first alleging want of testamentary capacity, the second alleging undue influence exercised over the mind of the testator by one Joseph D. Gilmore, a grandnephew, who, together with a brother and sister, was the recipient of the greater portion of the testator’s estate,
The cáse was tried by a jury who under instructions from the court found in favor of plaintiff, which' results in the setting aside of the will.
Several errors are assigned by appellants as grounds for…
Also in this document: Per curiam.
2Cited by16 opinions
- Ginter v. GinterSupreme Court of Kansas · 1909
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Patton v. SheltonSupreme Court of Missouri · 1931
- Bushman v. BarlowSupreme Court of Missouri · 1927
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