Dunbar v. Sims
Supreme Court of Missouri
Appeal from Balls Circuit Court. — Hon. W. T. Ragland, Judge. (1) The will, as clearly expressed on the face thereof, shows a definite intention by the testator that the title was' not to be vested in the children until the death of the executrix, for he says: “And at her death I will and devise, that all my real estate- shall go and vest absolutely in fee in my seven children equally, share and share alike.”
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Appeal from Balls Circuit Court. — Hon. W. T. Ragland, Judge. (1) The will, as clearly expressed on the face thereof, shows a definite intention by the testator that the title was' not to be vested in the children until the death of the executrix, for he says: “And at her death I will and devise, that all my real estate- shall go and vest absolutely in fee in my seven children equally, share and share alike.” Buxton v. Kroeger, 219 Mo. 224; St. Louis B. L. Assn. v. Fuller, 182 Mo. 93; Hardy v. Clarkson, 87 Mo. 171; Tesson v. Newman, 62 Mo. 1.98; Taylor v. Adams, 93 Mo. App. 277; Emmerson v.…
1Opinion of the Court
This action was brought in the Circuit Court of Ralls County, Missouri, for the partition of the real estate described in petition; and for an accounting of the rents, profits and money alleged to have been received by defendants.
Silas E. Sims died in Ralls County, in 1907, the owner of above mentioned real estate, leaving a will. He left surviving him his widow, Mary E. Sims, and his children, Charles T. Sims, Enoch Sims, Luther Sims, George Edward Sims, Lee Roy Sims, Arch Sims, and Fannie Dunbar. Fannie Dunbar, Lee Roy Sims and George Edward Sims, are plaintiffs herein, and Charles T. Sims,…
2Cases cited12 opinions
- Burnet v. BurnetSupreme Court of Missouri · 1912
- Tindall v. TindallSupreme Court of Missouri · 1902
- Gibson v. GibsonSupreme Court of Missouri · 1912
- Schneider v. KloeppleSupreme Court of Missouri · 1917
- Priest v. McFarlandSupreme Court of Missouri · 1914
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3Cited by16 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Norman v. HortonSupreme Court of Missouri · 1939
- Cook v. HigginsSupreme Court of Missouri · 1921
- Kingston v. St. Louis Union Trust Co.Supreme Court of Missouri · 1941
- Evans v. RankinSupreme Court of Missouri · 1931
11 more not listed; retrieve them via the Exa API.