ROTHWELL v. LOVE

No. 42164.

241 S.W.2d 893 (1951)

ROTHWELL et al. v. LOVE et al.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied September 10, 1951.


Attorney(s) appearing for the Case

George A. McNulty, Doris J. Banta, Robert S. Kilker, St. Louis, for appellants Carter, Bull & McNulty and Dubail & Judge, St. Louis, of counsel.

W. Jack Moore, Joseph T. Hersby, St. Louis, Philip A. Foley, Clayton, for respondents.


WESTHUES, Commissioner.

Plaintiffs filed this suit to contest the validity of the purported last will and testament of James F. Rothwell, deceased. Mental capacity was the principal issue. A trial in the Circuit Court of St. Louis County, Missouri, resulted in a verdict upholding the will. The trial court granted a new trial and the following defendants appealed: Bethesda General Hospital, Christian Hospital, and St. Louis Union Trust Company.

The new trial...

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