Legal Opinion

Naylor v. Godman

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 6 opinions

Appeal from Saline Circuit Gowrt. — Hon. Richard-Field, Judge. (1) In construing the will in this case, the intent of the testator must govern, and that intent must be-ascertained from the whole will, taking into consideration the situation of the testator, the objects of his bounty and the circumstances surrounding him at the time the will was drawn.

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Appeal from Saline Circuit Gowrt. — Hon. Richard-Field, Judge. (1) In construing the will in this case, the intent of the testator must govern, and that intent must be-ascertained from the whole will, taking into consideration the situation of the testator, the objects of his bounty and the circumstances surrounding him at the time the will was drawn. Nichols v. Boswell, 103 Mo. 151. (2) From the third clause of this will it sufficiently appears that the objects of the testator’s bounty were not only the children of his daughter, Mary R. Grodman, but their children, and that his intent…

1Opinion of the Court

Sherwood. P. J.

Action for partition of certain real estate. The cause is bottomed on the proper construction of the following clauses of the will of A. C. Marsh:

“ Third. That my whole estate of whatsoever kind be converted into money, and after the payment of all necessary expenses and charges of such commission and settlement the balance of the money be invested by my executors in lands for the use and benefit of the children of my daughter, Mary R. Giodman, of Saline county, Missouri, in proportion as follows, to-wit: One-sixth of the sum for the use and benefit of my grandson, William 0.…

2Cases cited6 opinions

  1. Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
  2. Chew v. KellerSupreme Court of Missouri · 1889
  3. Fosdick v. CornellNew York Supreme Court · 1806
  4. Cutter v. DoughtyNew York Supreme Court · 1840
  5. Faust's Administratrix v. BirnerSupreme Court of Missouri · 1860

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3Cited by6 opinions

  1. Gannon v. AlbrightSupreme Court of Missouri · 1904
  2. Ewart v. DalbySupreme Court of Missouri · 1928
  3. Owens v. Men and Millions MovementSupreme Court of Missouri · 1922
  4. St. Louis & Meramec River Railroad v. City of KirkwoodSupreme Court of Missouri · 1900
  5. Hartnett v. Langan.Supreme Court of Missouri · 1920

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