Thomas v. Thomas
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The language and meaning of the will is beyond question. Testator did not want to give the property to the wife Elizabeth — he did not do it. He gave it to “the children of D. N. Thomas” of whom she was then the mother; not because they were her children, but because they were his.
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Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The language and meaning of the will is beyond question. Testator did not want to give the property to the wife Elizabeth — he did not do it. He gave it to “the children of D. N. Thomas” of whom she was then the mother; not because they were her children, but because they were his. In the light of the language used, the laws of human nature and the thing done, this much is clear: he did not stop there in language or intent. He qualified that devise, in case of other happenings. “Should any of these children (now born) die…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment sustaining a demurrer to plaintiff’s petition, which was filed in the circuit court of Adair county, January 5, 1897.
The petition is as follows:
“Plaintiff for his amended petition states, that he is an infant under the age of twenty-one years, and that David Nelson Thomas has been by the probate court of Adair county, Missouri, duly appointed curator of his estate, and is legally qualified as such, and that the said David Nelson Thomas is his father, and is also the father of defendants; that defendants, Edna Thomas, Milton Thomas and Ethel Thomas, are…
2Cases cited4 opinions
- Tucker v. . BishopNew York Court of Appeals · 1857
- Handberry v. DoolittleIllinois Supreme Court · 1865
- Heisse v. MarklandSupreme Court of Pennsylvania · 1830
- Shotts v. PoeCourt of Appeals of Maryland · 1878
3Cited by12 opinions
- Hagood v. HagoodCourt of Appeals of Texas · 1916
- Clark v. MorehousNew Jersey Court of Chancery · 1908
- Harness v. HarnessIndiana Court of Appeals · 1912
- Carter v. LongSupreme Court of Missouri · 1904
- Houston v. SchuhmannCourt of Appeals of Texas · 1936
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