The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1894-03-10
THE CATRON WILL CASE.
Decision Of the Supreme Court.


Following is the decision of the state
supreme court, in full, in the Catron
will case:
In the Supreme Court of Missouri,
Division No. =, October term, A. ID.
1898.
Francis +. McFadin, Respondent, |
James Henry Cairon, Appellant.
This is suit TO set aside the will OF
Martha Catron, late of Lafayette county.
The venue was changed to that of
Saline county, upon application of
defendant. The will bears date June
2, 1890, and she died on the thirtieth
day of March, 1891, ut the advanced
age of about eighty-three years. She
left surviving her two children. a
Francis +. McFadin, and a
son, James Henry Catron. by the
terms of the will she gave to Geo. nj.
CatrOn, trustee, and his successors
named in the will, $1,000 in trust for
the use of her daughter during her
life, and at her death to her children,
absolutely, and gave the residue of her
estate, amounting, including lands,
money and personal property, to about
$50, 900, to her son, James Henry.
The will is assailed on two grounds: :
First, want of mental capacity on the
part of the deceased; and second,
fraud and undue influence exercised by
James Henry Catron. The trial re-
suited in verdict setting aside the
will. There was a vast amount of
evidence introduced, much of which
was irrelevant and had no bearing
whatever on the issues involved. The
husband of Martha Catron died testate
in August, 1862, of his own act leaving
to her the lands in question and all of
his personal property.
In 1867 the testatrix executed a will,
whereby she gave to her daughter
81 900 for her sole use and benefit and
to the benefit of her children, heirs OF
her body, and then gave all the residue
OF her personal property to her son,
absolutely, and her real estate to him
during his natural life, with remainder
to his children. She is shown to have
been q woman of more than ordinary
strength of mind and determination,
and attended to her property and bus
mess affairs, partly herself and partly
through others; she, by her successful
management, accumulated about S17, =
900 worth of property after the death
of her husband and before hers, during
all of which time she lived on farm
about five miles from Lexington, which
was devised to her by him. A day or
two before she made her will she sent
a message to Geo. NJ. Catron, nephew
of her deceased husband, requesting
him to come TO her house. On the
second day of June he arrived there,
and when he reached the house found
his brother, James +. CatrOn, and
Lock Terhune in the room with Mrs.
Catron. After short time they left
the room, leaving Geo. M. CatrOn and
the testatrix alone in the room. The
testatrix then requested him to write
her will, and told him how she wanted
to dispose of her property, and he
wrote it as she directed, no other per.
son being in the room. After it was
written James +. CatrOn, Lock Ter.
hume and Mary rerhune, at the request
of the testatrix, came into the room,
when she stated to them that she had
made her will, and desired them tC
witness it; she signed it in their pres
ence, and they then signed it as wit
nesscs in her presence and in the
presence of each other. She then had
cancer on her breast, but was able
and for some time thereafter, to dres,
the cancer, and dress and take care o.
herself. There was some evidence
tending to show that the mother die
not entertain the same tender affect o
and regard for her daughter that sh'
did LOT her son. Inc daush'er 'iseu, u
the time Oh tne eNecu.,on oi Tue las
Will, IN the same nelShporhooo Will
her mother. while the son ilved at ina
time, and has since 1865, in Nebrask;
CITY, but he visited MS mother once o
twice year. The son was at M
mothers house snort time before TN
| lint ot m N