Gillilan v. Gillilan
Supreme Court of Missouri
Appeal from Daviess Circuit Court. —Hon. Arch B. Davis, Judge. (1) The words “heirs” or “heirs of the body” will be construed to mean children whenever the context shows that such was the intention of the testator or of the grantor. The manner in which the words are used in the fifth clause of the will in question show clearly that they mean children.
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Appeal from Daviess Circuit Court. —Hon. Arch B. Davis, Judge. (1) The words “heirs” or “heirs of the body” will be construed to mean children whenever the context shows that such was the intention of the testator or of the grantor. The manner in which the words are used in the fifth clause of the will in question show clearly that they mean children. Waddell v. Waddell, 99 Mo. 345; Heady v. Hollman, 251 Mo. 638; Eckle v. Ryland, 256 Mo. 424; Maguire v. Moore, 108 Mo. 272; Fanning v. Doan, 128 Mo. 323; Rothwell v. Jameson, 147 Mo. 601; Cross v. Hoch, 149 Mo. 341; Brown v. Tuschoff, 235 Mo.…
1Opinion of the CourtBond, C. J.
I. Suit to determine title to five hundred acres of land in Daviess County, Missouri. •
The case was tried and submitted on an agreed statement of facts setting out in detail the relationship of -the parties and the history of the title. The material facts are as follows:
On December 17, 1882, Nathan Gillilan, the common source of .title, died testate, owning a large amount of property, including the five hundred acres in suit. His will was contested, but was finally established' and recognized as valid, and we quote the two clauses thereof covering the devise of said land:
*110“Fifth. It is my will…
Also in this document: Per curiam.
2Cases cited6 opinions
- Tindall v. TindallSupreme Court of Missouri · 1902
- Brown v. TuschoffSupreme Court of Missouri · 1911
- Gray v. WardSupreme Court of Missouri · 1911
- Phillips ex rel. Guardan v. ForgeSupreme Court of Missouri · 1886
- Scudder v. AmesSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Baker v. BakerSupreme Court of Missouri · 1952
- Evans v. RankinSupreme Court of Missouri · 1931
- Thomas v. HigginbothamSupreme Court of Missouri · 1958
- Kennard v. WigginsSupreme Court of Missouri · 1941
- Lewis v. LewisSupreme Court of Missouri · 1940
10 more not listed; retrieve them via the Exa API.