Simpson v. Simpson

Decided July 15, 1858

Supreme Court of Missouri · decided 1858-07-15

This was a proceeding instituted to contest tlie validity of tlie will of one John Simpson. Said will was admitted to probate in the year 1853. The testimonium clause of the alleged will, together with the attestation thereof, are as follows : “ In witness whereof I have hereunto affixed my signature and seal this 12th day of July, in the year of our Lord 1852. John jxj Simpson.

Cited by 1 later decisions — most recently August 1915

1 state decisions

Relies on Northcutt v. Northcutt · McGee v. Porter

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-15

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Napton, Judge,

¶1delivered the opinion of the court.

¶2This case presents the same point decided by this court in McGee and others v. Porter, 14 Mo. 613, and Northcutt v. *290Northcutt et al., 20 Mo. 268. It will be observed that in the recent revision, tlie fifth section of the act concerning wills, which gave rise to the question decided in these cases, is omitted, and the same question will not arise under the new code. Upon a re-examination of the subject, the court have not been able to arrive at any different construction of the old statute than the one heretofore adopted in cases referred to and others. The judgment of the circuit court is therefore affirmed.