84 Mo. 589 | Mo. | 1884
On September 7, 1867, Daniel Maupin -made and executed a paper writing as and for his will. -He thereby gave to each of his four daughters seven hundred dollars, and the balance of his property, consisting jn part of a farm, he devised to his son James, making provision for the support of his widow. He died in 1880, when the will was proved in common form. The daughters bring this suit, joined with their husbands, against James and the widow, to contest the will, and to that end they allege that Daniel Maupin, at the date of the will, was not of disposing mind, and that it was procured by the undue influence of James Maupin. An issue of will or no will was framed and submitted to a jury. The verdict was for the will and a judgment was entered in accordance therewith, to reverse which the plaintiffs, sued out this writ of error.
Daniel Maupin was a farmer, and, in a small way, carried on a blacksmith shop, and sometimes made chairs, tables and the like for the neighbors. His first wife died in 1860. He married the second time in 1863. At the date of the will the daughters were married and lived to
1. William Maupin testified, without objection, to conversations with the testator in 1863, 1876 and 1878, in the first of which conversations he declared his intention to give the girls seven hundred dollars each, and to give the balance of his property to James. In the others he stated that he had done this. The conversation in 1876 took place at the house of the witness, when, among other things, Daniel Maupin stated his reasons for making the will as he did, were that some of the children had not treated him right at the time he married his second wife, and had taken things that he thought belonged to him. The witness then stated that he thought the mental condition of the testator was good. This tes-. timony as to what was said by way of giving the reasons for making the will was admitted over the objections of the plaintiff.
When and for what purposes the declarations of the testator may be received in evidence was considered in Gibson v. Gibson, 24 Mo. 227. The conclusion was there announced that these declarations, “so far as they are. relied upon to furnish evidence-of the facts they contain,” are but hearsay and should not be received, but they are “admissible when the condition of the testator’s mind is, the point of contention, or it becomes material to show
The judgment of the circuit court is affirmed.