Schaff v. Peters
Missouri Court of Appeals
Appeal from Clark Circuit Court.— (1) A will is revoked by burning, tearing or otherwise destroying the same by the testator, or by some person in his presence by his direction, with the intention of revoking the same. 2 Jarman on Wills, secs. 114 and 115. (2) He who seeks to establish a lost or destroyed will, assumes to overcome the presumption that it was •destroyed by the testator by adequate proof.
Read the full summary
Appeal from Clark Circuit Court.— (1) A will is revoked by burning, tearing or otherwise destroying the same by the testator, or by some person in his presence by his direction, with the intention of revoking the same. 2 Jarman on Wills, secs. 114 and 115. (2) He who seeks to establish a lost or destroyed will, assumes to overcome the presumption that it was •destroyed by the testator by adequate proof. He must show by facts and circumstances that the will was actually fraudulently destroyed. Collyer v. Collyer, 110 N. Y. 481; 6 Am. St. Rep. 405; Bells v. Jackson, 6 Wend. 173; Knapp y. Knapp,…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The paper was presented first to the probate court for reception and probate as the last will of Joseph Peters. The probate court found that it was not the last will of Peters and refused to probate it. The appellants contend that this judgment is a finality and conclusive against the respondents, who did not appeal therefrom. But for the statute, Sec. 4622, R. S. 1899, the position of appellants would be unanswerable, but by reason of the statute, the probate or rejection of a will by the probate court is not a finality until after five years, which is allowed to…
2Cases cited12 opinions
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Benoist v. MurrinSupreme Court of Missouri · 1871
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Young v. RidenbaughSupreme Court of Missouri · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Neal v. CaldwellSupreme Court of Missouri · 1930
- Cockrum v. CockrumMissouri Court of Appeals · 1977
- Bingaman v. HannahMissouri Court of Appeals · 1913