Buckner v. Buckner
Supreme Court of Missouri
Appeal from' Madison Circuit Court — Hon. Charles A. Killian, Judge. (1) In the construction of the will, the court will endeavor from a consideration of the whole instrument to ascertain the intention of the testator.
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Appeal from' Madison Circuit Court — Hon. Charles A. Killian, Judge. (1) In the construction of the will, the court will endeavor from a consideration of the whole instrument to ascertain the intention of the testator. R. S. 1909, sec. 583; Burnet v. Burnet, 244 Mo. 491; Threlkeld v. Threlkeld, 238 Mo. 459; Dameron v. Lanyon, 234 Mo. 627; Cox v. Jones, 229 Mo. 53; Settles v. Shafer, 229 Mo. 561; Stewart v. Jones, 219 Mo. 614. (2) It being apparent from an examination of the will of Aylette Buckner that he intended for all the children of his son Robert, born in lawful wedlock, to share…
1Opinion of the Court
*375OPINION.
BOND, J.
Will Construction-Devise to class, (After stating- the facts above). — The paramount purpose of the testator was to disinherit his own son and to give to the lawful offspring of that son the portion which was withheld from their father. This intention is displayed in the clause directing the executrix to give his spn five dollars and to take his receipt. And in the third clause of the will where there is a limitation over ‘ ‘ to the heirs ’ ’ of his son'“born unto him in lawful wedlock” of the estate in the hands of the life tenant at her death.
The important question is to…
2Cases cited2 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Burnet v. BurnetSupreme Court of Missouri · 1912
3Cited by5 opinions
- Blackhurst v. JohnsonCourt of Appeals for the Eighth Circuit · 1934
- Houston v. SchuhmannCourt of Appeals of Texas · 1936
- Crews v. MaupinSupreme Court of Missouri · 1920
- Brown v. BibbSupreme Court of Missouri · 1947
- Houston v. SchuhmannCourt of Appeals of Texas · 1936