RoBards v. Brown
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Son. W. M. Boulware, Special Judge. (1) . Tbe laws of the land require that “every will shall' be in writing, signed by the testator . . . and attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.”
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Appeal from Hannibal Court of Common Pleas. — Son. W. M. Boulware, Special Judge. (1) . Tbe laws of the land require that “every will shall' be in writing, signed by the testator . . . and attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.” R. S. 1889, sec. 8810; R. S. 1899, sec. 4604. Therefore extrinsic evidence is not admissible to furnish data for guesswork interpretation contrary to the plain words and- structure of testator’s will, because it makes a will not in writing for him that he did not and could not lawfully make for…
1Opinion of the CourtMarshall, J.
Ejectment for an undivided one-fourth interest in the east one hundred feet in lot 2, block 37, in the city of Hannibal, Missouri. The defendants prevailed in the lower .court, and the plaintiff appealed.
*451The petition is in the usual form, and the ouster is laid as of January 16, 1899. The answer denies title, or right to possession, in the plaintiff, and asserts the fee simple title to be in defendant, Delia A. Brown (wife of John J. Brown), William G. Brown, CharlotteB. White (and Shirley A. White jointly), and Mary Y. Brown, each owning an undivided one-fourth interest, and further avers…
2Cases cited4 opinions
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Watson v. AldersonSupreme Court of Missouri · 1898
- Wolfe v. DyerSupreme Court of Missouri · 1888
- Johnson v. BowlwareSupreme Court of Missouri · 1899
3Cited by13 opinions
- McMahan v. HubbardSupreme Court of Missouri · 1909
- Willard v. DarrahSupreme Court of Missouri · 1902
- Bond v. RileySupreme Court of Missouri · 1927
- Lindsey v. RoseCourt of Appeals of Texas · 1915
- Waters v. HatchSupreme Court of Missouri · 1904
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