Meiners v. Meiners
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Non. O’Neill Ryan, Judge. Common sense and not rules of grammar is what is wanted in the interpretation of wills. The grammatical construction of the sentence in the first part of the fourth clause of the will of Herman Meiners must yield to the evident intent to give an undivided third interest in his real estate to each of his three sons.
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Appeal from St. Louis City Circuit Court. — Non. O’Neill Ryan, Judge. Common sense and not rules of grammar is what is wanted in the interpretation of wills. The grammatical construction of the sentence in the first part of the fourth clause of the will of Herman Meiners must yield to the evident intent to give an undivided third interest in his real estate to each of his three sons. Taking up the Missouri authorities on the subject of the interpretation of wills, we note the cases where the courts have found it necessary to supply words to effectuate the intention of the testator: Farish v.…
1Opinion of the CourtValliant, J.
— This is a suit for the partition of real estate.
The property was owned in his lifetime by Herman Meiners who died January 16, 1900, leaving five sons who are here the parties plaintiff and defendant. The controversy arises out of the different construction the parties have placed on the will of their father.
The testator was seventy-three years of age, of German nationality, but could read and write and speak English. The inventory of his personal property showed it to be worth $36,205.60, the value of the real estate in question was about $25,000.
At the date of the will he had six sons,…
2Cases cited6 opinions
- Willard v. DarrahSupreme Court of Missouri · 1902
- McMillan v. FarrowSupreme Court of Missouri · 1897
- Watson v. WatsonSupreme Court of Missouri · 1892
- RoBards v. BrownSupreme Court of Missouri · 1902
- Hurst v. Von De VeldSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Kuehn v. BremerCourt of Appeals of Texas · 1939
- Gannon v. PaukSupreme Court of Missouri · 1906
- Ramsey v. City of BrookfieldSupreme Court of Missouri · 1951
- Sanger v. ButlerCourt of Appeals of Texas · 1907
7 more not listed; retrieve them via the Exa API.