Bower v. Daniel
Supreme Court of Missouri
Appeal from AtcMson Circuit Court. — Row. R. C. Timmonds, Special Judge. (1) Wills are ambulatory in character, and every will may be revoked by the maker thereof. Two persons may by contract bind each other to devise or bequeath his property to the other, but such compact is not a will. Edson v. Parsons, 50 N. E. 265. (2) The wills first made by Daniels and wife, though on one piece of paper, are two instruments.
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Appeal from AtcMson Circuit Court. — Row. R. C. Timmonds, Special Judge. (1) Wills are ambulatory in character, and every will may be revoked by the maker thereof. Two persons may by contract bind each other to devise or bequeath his property to the other, but such compact is not a will. Edson v. Parsons, 50 N. E. 265. (2) The wills first made by Daniels and wife, though on one piece of paper, are two instruments. “The result is precisely the same as if like reciprocal dispositions had been made by the husband and wife by means of two separate instruments.” In re Diez’s Will, 50 N. Y. 94. (3)…
1Opinion of the CourtBurgess, P. J.
This is a suit prosecuted by plaintiffs, husband and wife, against the brothers and sisters of Mrs. Bower, to recover her interest in the estate, real and personal, of which her father, William Daniel, died the owner and in possession.
William Daniel, the father, and Margaret Daniel, the mother of the parties to this controversy, lived near Westboro, in Atchison county, Missouri, each owning real and personal property in his and her own right, the father owning eight different tracts of land, containing eighty acres each, also some town property and considerable personal estate. The mother…
2Cases cited23 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Bolman v. OverallSupreme Court of Alabama · 1886
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
18 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Frazier v. PattersonIllinois Supreme Court · 1909
- Baker v. SyfrittSupreme Court of Iowa · 1910
- Larrabee v. PorterCourt of Appeals of Texas · 1914
- Tutunjian v. VetzigianNew York Court of Appeals · 1949
44 more not listed; retrieve them via the Exa API.