Cook v. Couch
Supreme Court of Missouri
Error to Johnson Circuit Court.—How. Chas. W. Sloan, Judge. (1) The widow took under the will a quantity equal to the children, an undivided sixth, limited in duration to the time when the youngest should attain her majority; “then” the widow became seized of an estate equal to that of her dower right, coupled with a power to dispose of the undivided sixth by will only.
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Error to Johnson Circuit Court.—How. Chas. W. Sloan, Judge. (1) The widow took under the will a quantity equal to the children, an undivided sixth, limited in duration to the time when the youngest should attain her majority; “then” the widow became seized of an estate equal to that of her dower right, coupled with a power to dispose of the undivided sixth by will only. Carr v. Dings, 58 Mo. 400; Chiles ». Bartleson, 21 Mo. 344; Bryant v. Christian, 58 Mo. 98; 2 Jarm. [5 Amer. Ed. 1880] p. 20; 3 Jarm., pp. 46-53; R. S. 1879, sec. 4004. (2) When in devise the first gift is ambiguous and the…
1Opinion of the CourtBlack, J.
This is a suit for the partition of about, two hundred and eighty acres of land. Solomon T. Taylor died in 1870, and by his last will devised the land to his wife and five children. That part of the will which gives rise to this contest is in these words :—
“ I will and bequeath unto my beloved wife, Elizabeth I. Taylor, and my children, namely: Samuel S. Taylor, George Taylor, William J. Taylor, Richard P. Taylor and Nancy I. Taylor, all my personal and real estate, to be equally divided unto them without favoring one more than the other, under the following limitations and restrictions,…
2Cases cited6 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Green v. SuttonSupreme Court of Missouri · 1872
- Carr v. DingsSupreme Court of Missouri · 1874
- Gregory v. CowgillSupreme Court of Missouri · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Yocum v. SilerSupreme Court of Missouri · 1901
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Walton v. DrumtraSupreme Court of Missouri · 1899
- Jackson v. LittellSupreme Court of Missouri · 1908
5 more not listed; retrieve them via the Exa API.