Neal v. Caldwell
| Decision Date | 31 December 1930 |
| Citation | 34 S.W.2d 104,326 Mo. 1146 |
| Parties | Bettie Neal et al. v. Ott Caldwell et al., Appellants |
| Court | Missouri Supreme Court |
DAVIS
On Motion For Rehearing.
In their motion for a rehearing, defendants aver that all the testimony submitted for the purpose of establishing undue influence related to facts and incidents subsequent to the destruction of the will; and that the record is devoid of facts and statements, prior to the destruction of the will from which undue influence may be inferred.
Defendants assert that the testimony of Mrs. Lizzie Caldwell shows with certainty that any statement attributed to Mrs. Riley occurred subsequent to the destruction of the will. It is based on the testimony reading:
(Mrs. Jones was testatrix's nurse.)
We think it is clear that the witness was speaking of the time when she first waited on testatrix in the role of relief nurse.
On cross-examination Mrs. Caldwell testified:
The testimony immediately preceding tends to show in our opinion that, during the summer of 1924, Mrs. Minnie Riley, by importunities to the effect that all the Robinson heirs wanted was her money, influenced testatrix to destroy her will. It was at least a question for the jury. These importunities occurred prior to the destruction of the will or, more accurately speaking, it was evidence that they so occurred, thus authorizing the jury to find the fact. The preceding testimony of Mrs. Caldwell was sufficient to act as the basis of...
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