87 Mo. App. 216 | Mo. Ct. App. | 1901
The point saved for review presents only the question of the sufficiency of the evidence to support the finding of an advancement of $1,000 to appellant. The only witnesses whose testimony bears on this point were appellant, his brother-in-law John Cash, and W. G. Tinsley. The appellant stated in substance that he was twenty-sis years old and had lived on his father’s place since his majority, under an agreement to do the farm work, in conjunction with a farmhand hired by his father, in consideration of one-half of the proceeds and increase of the live-stock on said farm, during his services thereon; that
Mr. Cash testified that he married one of the daughters of the deceased and lived about three miles from his farm; that in a general way he was acquainted with the livestock on said farm and thought there were times when the total amount of it in value would range from $2,000 to $8,000. On cross-examination he stated that he knew the deceased had kept abouj, thirty head of horses for a number of years, but had greatly reduced this number before his death; that he supposed appellant who lived upon the place would have a better knowledge of what was there than that possessed by himself; that he did not have an accurate knowledge either of the amount or value of the stock kept on the farm during the time appellant lived there.
Mr. Tinsley, the banker, who kept the strong-box containing the papers of the decedent and had a key to the same, testified to conversations between himself and the decedent with reference to what the latter had advanced to his children and particularly in a conversation a few months before the death of the deceased the latter had stated to him (Tinsley), that he, the deceased, had not given Dick Waddell and one of his sisters (Miss Esther), any advancement and wanted them to equal the others in that respect.
Prima facie Dick Waddell was entitled as one of the children of his father to a full share of the estate left by the father at his death. The burden of proving that a portion thereof had been received in anticipation in the way of advancement before the death of the parent rests, therefore, upon the party denying his right to a full share of his father’s estate.
It remains, therefore, to consider the sufficiency of the testimony of Mr. Cash to support the finding. This witness did not pretend to deny the statement of appellant that he was