Sayre v. Trustees of Princeton University
Supreme Court of Missouri
Appeal from Lewis Circuit Court.— Hon. E. B. McKee, Judge. (1) After a will has been duly established and the capacity of testator shown by testimony of attesting witnesses, it devolves upon the plaintiff in a will contest case to prove by substantial evidence that when the testator made the will he did not possses the requisite mental capacity.
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Appeal from Lewis Circuit Court.— Hon. E. B. McKee, Judge. (1) After a will has been duly established and the capacity of testator shown by testimony of attesting witnesses, it devolves upon the plaintiff in a will contest case to prove by substantial evidence that when the testator made the will he did not possses the requisite mental capacity. MeFadin v. Catron, 138 Mo. 197; Fulbright v. Perry County, 145 Mo. 432; Sehr v. Lindemann, 153 Mo. 276; Riggin v. Westminster College, 160 Mo. 571; Southworth v. Southworth, 173 Mo. .59; Lorts v. Wash, 175 Mo. 487; Hughes v. Rader, 183 Mo. 630. (2)…
1Opinion of the CourtGantt, J.
This is a proceeding to contest the validity of the will of Dr. John S. Sayre, who died at Monticello, Lewis county, Missouri, on November 29, 1899. The plaintiffs, or contestants, are two brothers and certain nephews and nieces of the deceased. The defendants, or proponents of the will, are sisters of the deceased and other next of kin, the Trustees of Princeton University, George T. Barnes and George W. Marchand, the last named being the executor of the will. The petition alleges that the- said paper writing purporting to be the last will and testament of Dr. Sayre was not his last will,…
2Cases cited13 opinions
- Fraser v. JennisonMichigan Supreme Court · 1879
- State v. PagelsSupreme Court of Missouri · 1887
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State v. SoperSupreme Court of Missouri · 1899
- McFadin v. CatronSupreme Court of Missouri · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Winn v. GrierSupreme Court of Missouri · 1909
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Hall v. Mercantile Trust Co.Supreme Court of Missouri · 1933
16 more not listed; retrieve them via the Exa API.