Carr v. Dings
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. L The will of John Kerr at the utmost, gives, and only - proposes to give, three-fourths of his property remaining at the death of his widow, to the children of his brother, G. W. Kerr. (a.) The will gives one-fourth of the estate remaining at the death of the widow, to her. This is the effect of the devise to her of the entire estate for her support and maintenance, with power to dispose of one-fourth at her death as she shall deem fit.
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Appeal from Jefferson Circuit Court. L The will of John Kerr at the utmost, gives, and only - proposes to give, three-fourths of his property remaining at the death of his widow, to the children of his brother, G. W. Kerr. (a.) The will gives one-fourth of the estate remaining at the death of the widow, to her. This is the effect of the devise to her of the entire estate for her support and maintenance, with power to dispose of one-fourth at her death as she shall deem fit. It will be observed, that the widow takes not simply a life estate, but the whole, if necessary to her support and…
1Opinion of the CourtVories, Judge
This was an action of ejectment brought to recover the possession of a tract of land, in Jefferson county, in the petition described.
The petition was in the usual form. The defendant’s answer was a denial of the facts stated in the petition, and also set np a special defense, which need not be noticed, as no evidence was offered in support thereof. A trial was had before the court, a jury having been waived by the parties.
*404It is conceded that the plaintiff, under the evidence, had a right to recover, provided that the last will of John Kerr could be properly construed so as to vest a title to…
2Cases cited2 opinions
- Gregory v. CowgillSupreme Court of Missouri · 1854
- Carr v. DingsSupreme Court of Missouri · 1873
3Cited by18 opinions
- Cross v. HochSupreme Court of Missouri · 1899
- Small v. FieldSupreme Court of Missouri · 1890
- Munro v. CollinsSupreme Court of Missouri · 1888
- Gibson v. GibsonSupreme Court of Missouri · 1912
- Walton v. DrumtraSupreme Court of Missouri · 1899
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