Wooley v. Hays
Supreme Court of Missouri
Appeal from Nodaway Circuit Court.—Hon. John M. Dawson, Judge. (1) The evidence of H. "W. Montgomery as to the instructions given to him by the testator for drawing the will and as to the declarations made, to him by the testator as to what disposition he intended to make of his property, was all competent and was therefore improperly excluded.
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Appeal from Nodaway Circuit Court.—Hon. John M. Dawson, Judge. (1) The evidence of H. "W. Montgomery as to the instructions given to him by the testator for drawing the will and as to the declarations made, to him by the testator as to what disposition he intended to make of his property, was all competent and was therefore improperly excluded. Riggs v. Meyers, 20 Mo. 243. It is well settled law that for the purpose of determining the object of the testator’s bounty or the subject of disposition or the quantity of interest intended to be given by his will, the court may inquire into every…
1Opinion of the Court
Appeal from the Circuit Court of Nodaway County.
In this suit for partition, there is but one question for our determination, and that is, whether, by the will of John G. Hays, bachelor, deceased, he devised the lands to his three brothers and the children of three of his deceased sisters, per capita as contended by plaintiff, or per stirpes, as contended by defendants. The deceased had a fourth sister, Clarissa, who was also deceased, and left two children, John W. and William F. Barber, to whom the testator gave the sum of one dollar, "they having been amply provided for." There is no…
2Cases cited19 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Richards v. MillerIllinois Supreme Court · 1872
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- McIntire v. McIntireSupreme Court of the United States · 1904
- Gordon v. BurrisSupreme Court of Missouri · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Winkel v. StreicherSupreme Court of Missouri · 1956
- Evans v. RankinSupreme Court of Missouri · 1931
- Norris v. BristowSupreme Court of Missouri · 1949
18 more not listed; retrieve them via the Exa API.