Graham v. O'Fallon

Decided June 15, 1836

Supreme Court of Missouri · decided 1836-06-15

This was originally a case in the county court. John O’Fallon presented certain copies of the supposed will of John Mullanphy, to the county court for probate.— The plaintiffs in error, come in and entered, a caveat against the proceedings of the executor; such proceedings were had thereon, that the county court decreed and adjudged that John Mullanphy died intestate.

Cited by 7 later decisions — most recently March 1908

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1836-06-15

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Wash, Judge.

¶1I concur with the court, except on the-point of competency of the devisees, offered as witnesses in the county court, to establish the will. In all such cases, it is my opinion, that the devisee of a specific legacy is incompetent; the question of interest, being a complex one, which the court have not the means of investigating, and settling as upon an issue made up in due form. •