Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 248

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 248

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...in April, 1907, the witness returned home and found testator lying ill on the porch of witness's house on some sacks, ' and that he regarded the condition of his mind as un sound, and very unsound at that; that testator saw some of his tenants but attended to no business with them; that he drew no leases, was not fit to draw up any; that he was crying and said he loved his children. Plaintiffs also offered certain annual statements filed in the probate court by defendant Duncan McRuer as executor and trustee under the will, which showed, among other matters not pertinent here, the payment by said executor of the sum of $75 to John T. McRuer as attorney for said estate. At the close of plaintiffs' evidence defendants requested the court to give three instructions, in effect demurrers to the evidence of the plaintifls, and which are as follows: "1. You are instructed that there is no substantial evidence in this case that, at the time James A. Naylor subscribed his name to the instrument propounded as his last will and testament, he was of unsound mind. "2. You are instructed that there is no evidence in this case that the instrument of writing propounded as the last will and testament of James A. Naylor was procured by undue influence. "3. You are instructed that, under the law and Demurrer. the evidence in this case, ' your verdict must be that the instrument of writing propounded as the last will and testament of James A. N aylor, is his last will and testament." The court refused to give all and each of the offered instructions, and defendants excepted. Thereupon proponents recalled Duncan McRuer, who gave testimony tending to contradict the testimony of Mrs. Lucy N aylor in the matter of...show more

Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236861590
  • 9781236861597