Tibbe v. Kamp
| Decision Date | 20 February 1900 |
| Citation | 154 Mo. 545,55 S.W. 440 |
| Parties | TIBBE v. KAMP. |
| Court | Missouri Supreme Court |
The opinion heretofore delivered in division No. 1 is hereby adopted as the opinion of the court in banc.
GANTT, C. J., and SHERWOOD, J., dubitante.
The record shows that the testator was a native of Holland, who came to this country over 30 years ago a very poor man, — a turner by trade, — but who at the time of his death had accumulated a large fortune. He left only his widow and one son to survive him. He was a man of simple, industrious habits, and very religious. Between father and son there was always absolute confidence and affection. The son had been a faithful co-worker with his father in the building up of his fortune, and by his industry, intelligence, and more venturesome business courage, had contributed very largely to his father's business success. He was the chief object of the old man's love and pride, who was often heard by his most intimate friends, in his latter years, to say that when he was gone all the fortune would be his. He was a man of very little education. His native language was Dutch, and he had a very imperfect knowledge of either German or English. As before said, he was a very religious man, and a member of the German Lutheran Evangelical Church, of the congregation of that church in Washington, where he resided. The will in question was written in the parsonage of that church in Washington, in the presence of the pastor, by another preacher of the same church, whom the pastor had nominated for that purpose, witnessed by two members of the congregation, whom its pastor had selected, and, when executed, was by the pastor sent to St. Charles, to an official of the church, and retained in the custody of one of the church officials until the death of the testator. By this will the testator leaves substantially one-half his fortune to the church corporation; thus depriving this son, who was the sublime object of his father's pride and affection, of one-half of that which would have been his by inheritance. To that extent, it was an unnatural will. The law will presume, until the contrary is shown, that a will of that kind made under those circumstances was the result of undue influence; and the burden of overcoming that presumption, and of showing that it was...
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Patton v. Shelton
...v. Gilmore, 136 Mo. 414, 37 S.W. 1127; Schierbaum v. Schemme, 157 Mo. 1, 57 S.W. 526; Tibbe v. Kamp, 154 Mo. l.c. 579, 54 S.W. 879, 55 S.W. 440; Wood v. Carpenter, 166 Mo. 465, 66 S.W. 172; Crowson v. Crowson, 172 Mo. 702, 72 S.W. 1065; McFadin v. Catron, 120 Mo. 252, 25 S.W. V. Measured by......
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Patton v. Shelton
... ... 433, 11 S.W. 974; ... Doherty v. Gilmore, 136 Mo. 414, 37 S.W. 1127; ... Schierbaum v. Schemme, 157 Mo. 1, 57 S.W. 526; ... Tibbe v. Kamp, 154 Mo. l. c. 579, 54 S.W. 879, 55 ... S.W. 440; Wood v. Carpenter, 166 Mo. 465, 66 S.W ... 172; Crowson v. Crowson, 172 Mo. 702, 72 ... ...
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Balak v. Susanka
... ... shown by affirmative proof to have been actually exerted at ... the time the will was executed. Tibbe v. Kamp, 154 ... Mo. 545; McFadin v. Catron, 120 Mo. 573. Partiality ... and inequality of gifts by the testator to one child or ... children ... ...
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Bushman v. Barlow
...of the testator. Myers v. Hanger, 98 Mo. 433 ; Doherty v. Gilmore, 136 Mo. 414 ; Schierbaum v. Schemme, supra; Tibbe v. Kamp, 154 Mo. loc. cit. 579 [54 S. W. 879, 55 S. W. 440]; Wood v. Carpenter [157 Mo. 16, 57 S. W. 526, 80 Am. St. Rep. 604] supra; Crowson v. Crowson [172 Mo. 702, 72 S. W......