Hogan v. Hinchey
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Eon. A. D. Burnes, Judge. (1) The Statute of Wills relating to the execution, publication and attestation of wills is mandatory and not directory merely. Walton v. Kendrick, 122 Mo. 504; McGee v. Porter, 14 Mo. 611; Miltenberger v. Miltenberger, 78 Mo. 27. (2) In proof of wills the common law disabilities of parties and witnesses are in force.
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Appeal from Clinton Circuit Court. — Eon. A. D. Burnes, Judge. (1) The Statute of Wills relating to the execution, publication and attestation of wills is mandatory and not directory merely. Walton v. Kendrick, 122 Mo. 504; McGee v. Porter, 14 Mo. 611; Miltenberger v. Miltenberger, 78 Mo. 27. (2) In proof of wills the common law disabilities of parties and witnesses are in force. R. S. 1899, sec. 4655; Miltenberger v. Miltenber'ger, 78 Mo. 27. (1) The will was sufficiently proved by Hardigan and Roney. Their evidence was sufficient to prove the will. It is not necessary for the relator to…
1Opinion of the CourtValliant, J.
— This is a will contest. The petition states that John Hinchey died leaving no widow or descendant and that his only heirs at law are his brother, the defendant Patrick Hinchey, and the plaintiff, who is a daughter of a deceased sister; that after his death a paper writing purporting to be the last *530will of John Plinchey was presented to the probate court and admitted to probate on November 5, 1898. The petition then goes on to state that the paper is not the will of John Hinchey, was never executed by him in the manner required by law and that it was the result of fraud, duress and undue…
2Cases cited3 opinions
- Cash v. LustSupreme Court of Missouri · 1898
- McMahon v. McMahonSupreme Court of Missouri · 1889
- Miltenberger v. MiltenbergerSupreme Court of Missouri · 1883
3Cited by13 opinions
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- Blatt v. HaileSupreme Court of Missouri · 1956
- Johnson v. BrewnSupreme Court of Missouri · 1919
- Smith v. SmithSupreme Court of Missouri · 1931
- Davis v. DavisSupreme Court of Missouri · 1952
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