HAMMONDS v. HAMMONDS

No. 7366.

289 S.W.2d 903 (1956)

R. E. HAMMONDS, H. H. Hammonds, R. L. Hammonds, E. W. Hammonds, Virgil Hammonds, Bertha Hammonds Sherwood and Blanche Hammonds Satterfield, Plaintiffs-Appellants, v. Lula HAMMONDS, Albert C. Shumway, Florence Shumway, Albert C. Shumway, Jr., and Margie Shumway, Defendants-Respondents.

Springfield Court of Appeals. Missouri.

May 3, 1956.


Attorney(s) appearing for the Case

J. Grant Frye, Wm. H. Frye, Cape Girardeau, for plaintiffs-appellants.

William B. Sharp, Malden, Robert A. Dempster, Sikeston, for defendants-respondents.


STONE, Judge.

In Count I of their petition, plaintiffs, the seven surviving children and heirs-at-law of Josiah M. Hammonds, who died on May 29, 1949, sought to set aside his last will and testament on the grounds that the testator was mentally incompetent when the will was made on May 20, 1949, and that it was executed by reason of undue influence exercised by defendant, Lula Hammonds, testator's fourth wife and plaintiffs...

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