Legal Opinion

Guitar v. Gordon

Supreme Court of Missouri

Decided January 15, 1853PublishedCited by 30 opinions

Appeal from Boone Circuit Court. This was a proceeding by petition, founded on the eleventh section of the. act concerning wills. The plaintiffs were the children of Emily Guitar, who was a daughter of David Gordon, the testator, who'made his will in April, 1848, and died in the month of January, 1849. Emily Guitar, the mother of the plaintiffs, died during the year 1847, prior to the making of tbe will.

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Appeal from Boone Circuit Court. This was a proceeding by petition, founded on the eleventh section of the. act concerning wills. The plaintiffs were the children of Emily Guitar, who was a daughter of David Gordon, the testator, who'made his will in April, 1848, and died in the month of January, 1849. Emily Guitar, the mother of the plaintiffs, died during the year 1847, prior to the making of tbe will. The object of the proceeding was to hare an intestacy declared on the part of David Gordon, as to the plaintiffs, upon the ground, that they were not provided for, or named in their…

1Opinion of the Court

Soott, Judge,

delivered the opinion of the court..

1. Our laws permit every person of sound mind and of competent age, to dispose of all his estate, real and personal, saving to the widow her right of -dower. He may disinherit his children and bequeath his property to whom he sees fit. The eleventh section of the act concerning wills provides, that if any person make his last will, and die, leaving a child or children, or descendants of such child or children, (in case of their death,) not named or provided for in such will, every such testator, so far as shall regard any such child or…

2Cases cited1 opinion

  1. Wilder v. GossMassachusetts Supreme Judicial Court · 1817

3Cited by30 opinions

  1. Pimel v. . BetjemannNew York Court of Appeals · 1905
  2. Hockensmith v. SlusherSupreme Court of Missouri · 1858
  3. Gerrish v. GerrishOregon Supreme Court · 1880
  4. Estate of Cupples v. KoelnSupreme Court of Missouri · 1917
  5. Newman v. WatermanWisconsin Supreme Court · 1885

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