137 Mo. App. 372 | Mo. Ct. App. | 1909
— This is an appeal from a judgment of the circuit court of Lincoln county in a proceeding áppointing an administrator pendente lite to act in lieu of appellant, who is executrix of the will of Jefferson Sullenger, her deceased husband. Said deceased had bequeathed to appellant all his personal estate, had directed his lands to be sold by her, out of the proceeds of the sale had bequeathed to James Wicher five hundred dollars and had divided the remainder of the proceeds between appellant and the brother of deceased, James Sullenger. The will was admitted to probate July 18, 1904. On September 21, 1904, respondent Hooker Achor, instituted an action in the circuit court of the county against appellant and the other legatees named in the will, alleging he was one of the heirs of deceased, that the paper purporting to be the will of the deceased was not, in truth, his will for these reasons: it was not signed and attested as the law required, the testator was of unsound mind at the date of it, was unduly influenced by appellant and James Sullenger, and being weak from disease was taken advantage of by said parties. The action in the circuit court was under the statute to contest and set aside the will. On the next day, September 22, notice was served on appellant that respondent Achor would present a motion to- the probate court on September 23 to suspend her from the office of executrix pending the contest of the will. This motion was presented and on the hearing appellant’s functions as executrix were suspended during the con