Lewis v. Pitman
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) A bequest of chattels generally, without any restriction, as in the second clause of the will, would pass the absolute property.
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) A bequest of chattels generally, without any restriction, as in the second clause of the will, would pass the absolute property. (2) In construing the bequest of chattels, with reference to the devise of the real estate, in the same paragraph of the will, the difference in the language used is striking and significant, and indicates a clear intention to make a different disposition of the two kinds of property. JRhems’ Appeal, 8 Atl. Rep. (Pa.) 885; 2 Williams on Executors, 1083; Doe v. Westley, 4B. & C. 667. (3) The…
1Opinion of the CourtBlack, J.
J. A. Pozzoni died testate on the fourteenth of April, 1885, the will being dated March 25, 1878. He left a widow, Annie, and two minor daughters, namely, Rosina M. and Josephine A. Pozzoni. The widow who was the nominated executrix declined to act, and M. D. Lewis was appointed administrator with the will annexed. He brought this suit to obtain a construction of the will of his testator. The defendants are Herman Heinze, administrator with the will annexed of Annie Pozzoni, John Pitman, trustee under her will, and the two daughters who appear by their curator.
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2Cases cited10 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Giles v. LittleSupreme Court of the United States · 1881
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Green v. HewittIllinois Supreme Court · 1880
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3Cited by32 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Hardy v. MayhewCalifornia Supreme Court · 1910
- Garland v. SmithSupreme Court of Missouri · 1901
- Cross v. HochSupreme Court of Missouri · 1899
- Morton v. ForseeSupreme Court of Missouri · 1913
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