Jones v. Waters
Supreme Court of Missouri
Appeal from Perry Circuit Court. The plaintiff, Francis L. Jones, filed his petition in the Circuit Court of Perry county, praying partition of several valuable tracts of land in Perry county, formerly the property of Joab Waters, which were by the will of Joab Waters, “ devised to his beloved companion, Polly Ann Elizabeth Caldwell, then called Polly Ann Elizabeth Waters, for and during her natural life, and after her death to descend to her children by him, equally, share…
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Appeal from Perry Circuit Court. The plaintiff, Francis L. Jones, filed his petition in the Circuit Court of Perry county, praying partition of several valuable tracts of land in Perry county, formerly the property of Joab Waters, which were by the will of Joab Waters, “ devised to his beloved companion, Polly Ann Elizabeth Caldwell, then called Polly Ann Elizabeth Waters, for and during her natural life, and after her death to descend to her children by him, equally, share and share alike.” The testator died in 1881. At the time the will was made, and at the death of Joab Waters, there were…
1Opinion of the CourtGamble, Judge
1. There is no difficulty in construing the devise in the will of Joab Waters to his wife and children. He devises the property to his wife “for and during her natural life, and after her death to descend to her children by me, equally, share and share alike.” The statute in force when this will was made, and which has ever since been continued in force, provides : “ That, whenever any person shall, by his or her last will and testament, devise any lands, tenements, or hereditaments to any person for and during the term of such person’s natural life, and after his or her death, to his or her…
2Cited by8 opinions
- Chew v. KellerSupreme Court of Missouri · 1889
- Tindall v. TindallSupreme Court of Missouri · 1902
- Dunbar v. SimsSupreme Court of Missouri · 1920
- Warne v. SorgeSupreme Court of Missouri · 1914
- Green v. IrvinSupreme Court of Missouri · 1925
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