Pratt v. Saline Valley Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — No». J. 0. Sheppard, Judge. The plain and manifest intent of Lorenz is to devise a life estate to Ms daughter Anna and the remainder to her heirs (children). (1) Even the words “desire,” “request,” “recommend,” “hope,” etc., when they come from a testator who has the power to command, are often construed as commands, clothed merely in the language of civility.
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Appeal from Butler Circuit Court. — No». J. 0. Sheppard, Judge. The plain and manifest intent of Lorenz is to devise a life estate to Ms daughter Anna and the remainder to her heirs (children). (1) Even the words “desire,” “request,” “recommend,” “hope,” etc., when they come from a testator who has the power to command, are often construed as commands, clothed merely in the language of civility. Chiles v. Bartleson, 21 Mo. 344; Munro v. Collins, 95 Mo. 33; Erickson v. Wil-Hard, 1 N. H. 217. (2) It is the popular meaning of the term among laymen, and the courts always construe the ivord heirs…
1Opinion of the CourtGoode, J.
(after stating the facts). — Plaintiff, Anna M. Pratt, is the owner of a farm in St. Genevieve county, which was devised to her by her father John Lorenz. The description of the land is intricate and as it is not material to onr decision will be omitted. In April, 1905, or thereabouts, the defendant company entered on the farm and built a roadbed and line of railway across it. In doing this eleven or twelve acres were appropriated for right of way and damage was done, it is alleged, to the remainder of the farm. The petition charges, the value of the land actually appropriated was $100 an…
2Cases cited34 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Cross v. HochSupreme Court of Missouri · 1899
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
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3Cited by4 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Missouri State Highway Commission v. StoneMissouri Court of Appeals · 1958
- Vaughan v. ComptonSupreme Court of Missouri · 1950
- Bingaman v. HannahMissouri Court of Appeals · 1913