Watson v. Watson
Supreme Court of Missouri
Error to Sullivan Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) While it is true that the intention of the testator must govern in the construction of his will, it is equally true that this intention must be gathered from the language employed in the instrument, and from that alone.
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Error to Sullivan Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) While it is true that the intention of the testator must govern in the construction of his will, it is equally true that this intention must be gathered from the language employed in the instrument, and from that alone. And the question in expounding the will is not what the testator actually meant, or is supposed to have meant, but what is the meaning of his words. 2 Woerner’s American Law of Administration, pp. 870, 871; Farish v. Cook, 78 Mo. 212, 217; Hancock’s Appeal, 112 Pa. St. 532; Elliott v. Topp, 63 Miss. 138;…
1Opinion of the CourtBlack, J.
The plaintiff, a grandson of William Watson, brought this suit against the children and other grandchildren of William Watson for the partition of real estate.
On the twenty-fifth of April, 1887, William Watson executed a will in due form. He died in a few months thereafter, leaving a widow and seven living children and two sets of grandchildren, the children of his two *167deceased sons. The testator left a large estate in lands and personal property. He owned some nine or ten hundred acres of land besides the two hundred and forty acres which he devised to his wife for and during her life. The…
2Cases cited5 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Given v. HiltonSupreme Court of the United States · 1877
- Haxtun v. CorseNew York Court of Chancery · 1848
- Jourden v. MeierSupreme Court of Missouri · 1860
- Farish v. CookSupreme Court of Missouri · 1883
3Cited by15 opinions
- In the Matter of Joseph Davidow Newman, Debtor. Robert M. Magill, Trustee-Appellant v. Joseph Davidow Newman, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1990
- Mercantile-Commerce Bank & Trust Co. v. BinowitzMissouri Court of Appeals · 1951
- Willard v. DarrahSupreme Court of Missouri · 1902
- Givens v. OttSupreme Court of Missouri · 1909
- Lindsey v. RoseCourt of Appeals of Texas · 1915
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