Muller v. St. Louis Hosp. Ass'n

• Court: Missouri Supreme Court
• Writing for the Court: HOUGH
• Citation: Muller v. St. Louis Hosp. Ass'n, 73 Mo. 242 (Mo. 1880)
• Decision Date: 31 October 1880
• Parties: MULLER v. THE ST. LOUIS HOSPITAL ASSOCIATION et al., Appellants.

73 Mo. 242

MULLER

v.THE ST. LOUIS HOSPITAL ASSOCIATION et al., Appellants.

Supreme Court of Missouri.

October Term, 1880.

Appeal from St. Louis Court of Appeals.

AFFIRMED.

A. J. P. Garesche for appellants.

Finkelnburg & Rassieur for respondents.

HOUGH, J.

This was a proceeding under the statute, contesting the validity of an instrument of writing, which had been proved in common form, as and for the last will and testament of one Martin Muller, brought by the brothers and sisters of said Muller, against the St. Louis Hospital Association, which was named in said instrument as residuary legatee, and the defendant Wachter, who was named therein as executor. The judgment of the circuit court was that the instrument proved as a will, was not the will of Martin Muller, and that the same was inoperative and void, and this judgment was affirmed by the court of appeals. The case is reported in 5 Mo. App. Rep. 390, where the facts are fully stated. The clear, forcible and well considered opinion of the court of appeals in this case disposes of all the questions discussed in it, in a most satisfactory manner, and it is entirely unnecessary for us to restate the matter.

One question, however, has been urged upon our attention, which was not passed upon by the court of appeals It is contended here that the verdict is not responsive to the issues, and is too vague and indifinite to support the judgment. The verdict...