Fisher v. Keithley
Supreme Court of Missouri
Appeal from Balls Circuit Court. — Hon. John A. Hockaday, Judge. (1) 'The evidence clearly shows that the testator, Roland Keithley, intended the grant of one hundred and fifty acres to be in lieu of and in satisfaction of the former devise of one hundi’ed acres. He so declared to appellant, to George W. Walters, Nancy Moseley and John Moseley, and in the hearing of Wm.
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Appeal from Balls Circuit Court. — Hon. John A. Hockaday, Judge. (1) 'The evidence clearly shows that the testator, Roland Keithley, intended the grant of one hundred and fifty acres to be in lieu of and in satisfaction of the former devise of one hundi’ed acres. He so declared to appellant, to George W. Walters, Nancy Moseley and John Moseley, and in the hearing of Wm. Moseley and Lewis Moseley, and his declarations were competent evidence and his intention can be shown by extrinsic evidence. Tiedeman on Eq. Jur., p. 146; Pomeroy’s Eq. Jur. [1 Ed.], see. 574; Ferguson v. Bush, 7 S. W. Rep.…
1Opinion of the CourtMacfarlane, J.
In the year 1869 Roland Keithley was seized in fee of a tract of land containing about three hundred acres upon which he resided. He had a number of children, all of whom had left the paternal *248home, except his son, John C. Kcithley, who was married, and lived with him upon the farm. On the third day of May, 1869, the said Roland Keithley made and published his last will under which he sought to dispose of his entire estate among his children. He devised to his said son John C. one hundred acres of said land, describing it. In connection with this devise the will recites: “Which said devise…
2Cases cited3 opinions
- Burnham v. . ComfortNew York Court of Appeals · 1888
- Weston v. JohnsonIndiana Supreme Court · 1874
- Wallace v. Du BoisCourt of Appeals of Maryland · 1880
3Cited by8 opinions
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Barnard v. KeathleySupreme Court of Missouri · 1910
- Robertson v. JonesSupreme Court of Missouri · 1940
- Graham v. KarrSupreme Court of Missouri · 1932
- Wickliffe v. WickliffeMissouri Court of Appeals · 1920
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