Hyde v. Parks
Decision Date | 24 May 1926 |
Citation | 283 S.W. 727,221 Mo.App. 675 |
Parties | GARNETT N. HYDE, ET AL., DEFENDANTS IN ERROR, v. CHARLES C. PARKS, ET AL., PLAINTIFFS IN ERROR. [*] |
Court | Kansas Court of Appeals |
Appeal from the Circuit Court of Chariton County.--Hon. J. E Montgomery, Judge.
REVERSED.
Judgment reversed.
John D Taylor for plaintiffs in error.
No brief filed for defendants in error.
Trimble, P. J., absent.
This is an action contesting the validity of a will. The court declared the will void, resulting in the suing out of a writ of error by the defendants. Plaintiffs have not favored us with a brief.
The petition discloses that the parties to this proceeding, other than the defendant, Charles C. Parks, are the children of the testator, Lucien D. Hyde, deceased; that in the will Parks was appointed executor thereof and trustee for testator's children with the management and control of the estate for a period of twenty years after the death of the testator. The petition alleges that after the death of Lucien D. Hyde, his will was probated in the probate court of Jackson county, Missouri; that the recital in the will that the testator was at the time of the making of the will a resident of Kansas City, Missouri, was false and fraudulent and procured to be made for the sole purpose of giving the probate court of Jackson county jurisdiction in the probate of the will and to appoint an executor thereunder; that as a matter of fact the testator was not at the time of the making of the will or at any time thereafter a resident at Kansas City, Jackson county, Missouri, but that he was for many years prior to his death a resident of Chariton county, Missouri; that at the time of his death the testator was possessed of real and personal property, the greater portion of which was located in that county; that the assumption of jurisdiction by the probate court of Jackson county over the estate of the testator was without authority of law; that the writing purporting to be the will of the testator was not his will; that the testator was not at the date of the signing of the paper of sound mind and was not at said time of mental capacity to make a will. The petition prayed that the will be declared void and that the court decree that the probating thereof by the probate court of Jackson county, Missouri, was illegal and void.
Defendants, Charles C. Parks and Richard S. Hyde, by his guardian ad litem, filed separate pleas to the jurisdiction, which were overruled. A jury was waived and the case was tried before the court resulting in a judgment in which the court declared that the representations made in the purported will of the testator, to the effect that he was at the time of the making thereof a resident of Jackson county, Missouri, were false and fraudulent and procured to be made for the sole purpose of giving to the probate court of Jackson county, Missouri, jurisdiction to administer his estate; that at the time of the making of the will and at the time of the death of the testator, he was a legal resident of Chariton county, Missouri; that the probate court of Jackson county, Missouri, had no jurisdiction to grant letters testamentary to defendant Parks, or to assume jurisdiction of the administration of the estate of the testator and that the probate court of Chariton county has "legal and proper jurisdiction to administer said estate, that this court has jurisdiction to hear and determine this cause;" that the testator was a person of unsound mind and not possessed of mental capacity to make a will at the time of the execution of the pretended will. The court ordered and adjudged that the paper purporting to be testator's will be not the last will and testament of the testator and that "the probate thereof be revoked and set aside and for naught held," and that the will be declared void and of no effect, etc.
When a suit to contest a will is filed in the circuit court, it, by virtue of sections 525 and 2542, Revised Statutes 1919 operates in the nature of an appeal from the order of the probate court probating the will. Under the provision of section 2542, Revised Statutes, 1919, the probate court has original jurisdiction "over all matters pertaining to probate business, to granting letters testamentary and of administration," etc. consequently, the jurisdiction...
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