Hamilton v. Lewis
Supreme Court of Missouri
APPEAL FROM LAFAYETTE CIRCUIT COURT. Tbe facts of tbis case as presented by tbe record and agreed by tbe parties are as follows, to-wit: On the 11th day of August, in the year of our Lord 1843, tbe said Jolm Taylor made and published bis last will and testament, and within a short time thereafter, died.
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APPEAL FROM LAFAYETTE CIRCUIT COURT. Tbe facts of tbis case as presented by tbe record and agreed by tbe parties are as follows, to-wit: On the 11th day of August, in the year of our Lord 1843, tbe said Jolm Taylor made and published bis last will and testament, and within a short time thereafter, died. The provisions of his will in the construction of which the several questions involved in the cause arise, are these : “ Section 7. I leave and bequeath to my grandson, John Hill, the west half of the northeast quarter of section twenty-seven, township fifty-one, range twen-' ty-nine ; also…
1Opinion of the CourtJstaptoit, J.
The principal questions in this case depend upon the construction of the 9th article of the will, upon which the 11th article is based. The 9th article directs certain property to be sold for the payment of the testator’s debts and “the balance, if any, to be equally divided amongst his children and grandchildren, each grandchild having their equal proportion of what Jlteir ancestor would have drawn, had they have lived.”
*133We entertain no doubt as to the meaning of this clause. The disposition intended is precisely that which the statute of Distributions would have made, had the will, been…
2Cases cited2 opinions
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Bitzer's v. HahnSupreme Court of Pennsylvania · 1826
3Cited by4 opinions
- Selleck v. HawleySupreme Court of Missouri · 1932
- Estate of WilliamsMissouri Court of Appeals · 1895
- O'REILLY v. JacksonSupreme Court of Missouri · 1954
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879