Legal Opinion

Jourden v. Meier

Supreme Court of Missouri

Decided October 15, 1860PublishedCited by 14 opinions

Appeal, from, Gasconade Circuit Court. The facts in evidence sufficiently appear in the opinion of the court. The provisions of the will set forth below in the opinion of the court are all the granting provisions, except one with respect to the payment of debts and funeral expenses. The cause was tried by the court without a jury.

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Appeal, from, Gasconade Circuit Court. The facts in evidence sufficiently appear in the opinion of the court. The provisions of the will set forth below in the opinion of the court are all the granting provisions, except one with respect to the payment of debts and funeral expenses. The cause was tried by the court without a jury. The court refused the following declarations of law asked by the plaintiff: “1. To make a will a valid instrument to convey title to land, the same must be proven before a clerk or court having jurisdiction of the same, and probate must be granted by such clerk or…

1Opinion of the CourtNapton, Judge

This is an action brought by the plaintiff as heir at law of Joseph Jourden, to recover the possession of a tract of land claimed by the defendants as purchasers from the devisees of said Jourden. The suit was brought in 1859.

Two questions were raised at the trial; the one, respecting the proper construction of the will; the other, as to the right of the defendant to introduce in evidence the paper purporting to be the will of Joseph Jourden as a probated will. The last was of course preliminary to the other, and in truth presents the principal difficulty in the case.

The defendants produced,…

2Cited by14 opinions

  1. Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
  2. Keith v. KeithSupreme Court of Missouri · 1888
  3. Stevens v. LarwillMissouri Court of Appeals · 1904
  4. Stowe v. StoweSupreme Court of Missouri · 1897
  5. Hughes v. BurrissSupreme Court of Missouri · 1885

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