Gibson v. Gibson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.' — Ron Gust. A. Wurdeman, Judge. (1) The court erred in ordering partition. The court cannot permit property to he partitioned in violation of the terms of a will.
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Appeal from St. Louis City Circuit Court.' — Ron Gust. A. Wurdeman, Judge. (1) The court erred in ordering partition. The court cannot permit property to he partitioned in violation of the terms of a will. Hill v., Hill, 261 Mo. 5'5; Stewart v. Jones, 219 Mo. 62;7; Stevens v. De La Vaulx, 166 Mo. 20; Ex parte Cubbage v. Franklin, 62 Mo. 364; Lilly v. Minkev, 126 Mo. 211; Mead v. Jennings, 46 Mo. 91; R. S. 1909, sec. 2569'; Spratt v. Lawson, 176 Mo. 175; Stockwell v. Lawson, 262 M.o. 671; Shelton v. Bragg, 189 S. W. 1174. (2) The court erred in ordering the trust to be terminated. An active…
1Opinion of the CourtWilliamson, J.
These two causes have been consolidated and abstracted and briefed as one, and will be decided as one.
The' petition is in two counts. The first seeks a partition of certain lands in St. Louis County, and the second seeks to annul a trust created by the will of John W. Gibson, concerning the same lands. Thq parties are numerous, there being about forty parties — 1 plaintiff and about eighteen defendants, in addition to the husbands or wives of those who are married. Several are minors. Except various husbands and wives and one other person, all of the parties appear to be the children,…
2Cases cited17 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Barnard v. KeathleySupreme Court of Missouri · 1910
- Stewart v. JonesSupreme Court of Missouri · 1909
- Preston v. BrantSupreme Court of Missouri · 1888
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3Cited by17 opinions
- Hughes v. NeelySupreme Court of Missouri · 1960
- Mitchell v. Pla-Mor, Inc.Supreme Court of Missouri · 1951
- Brown v. BibbSupreme Court of Missouri · 1947
- Schee v. BooneSupreme Court of Missouri · 1922
- Mathiowetz v. StackWisconsin Supreme Court · 1935
12 more not listed; retrieve them via the Exa API.