Gibson v. Gibson
Supreme Court of Missouri
Error to Cole Circuit Court„ This cause comes to this court upon the following agreed statement of facts : On the 26th day of September, 1853, Edward H. Gibson, one of the defendants, produced to the clerk of the Miller county court an instrument of writing as the last will and testament of Hugh Gibson, deceased ; which was admitted to probate as such; and which said instrument of writing and the probate thereof are as follows : — [Here follow the will and the probate…
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Error to Cole Circuit Court„ This cause comes to this court upon the following agreed statement of facts : On the 26th day of September, 1853, Edward H. Gibson, one of the defendants, produced to the clerk of the Miller county court an instrument of writing as the last will and testament of Hugh Gibson, deceased ; which was admitted to probate as such; and which said instrument of writing and the probate thereof are as follows : — [Here follow the will and the probate thereof. It is unnecessary to set them forth. By the will, all the property of the said Hugh Gibson was devised to Edward H.…
1Opinion of the CourtLeonard, Judge
Upon an issue of “ will or no will,” the declarations of the alleged testator are offered in evidence — sometimes as part of the transaction — sometimes as verbal acts (as they have been called) indicating the mental condition of the testator — and at other times as a mere narrative of facts, entitled to credit as such on account of the relation of the speaker to the subject matter. Whenever the declarations can be considered as falling within the first class of cases, they are of course admissible, upon the common doctrine of the res gestee, and the only question then is, whether they are so…
2Cases cited3 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Robinson v. HutchinsonSupreme Court of Vermont · 1853
3Cited by34 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Thompson v. IshSupreme Court of Missouri · 1889
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- McFadin v. CatronSupreme Court of Missouri · 1894
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