Turner v. Timberlake
Supreme Court of Missouri
Error to Olay Circuit Court. The intention of the testator must govern in the construction of the will (4 Kent, 534) ; and it will not be presumed, that the testator intended to give his wife the entire estate, or to give her the power to spend his entire property with a second husband, and leave his infant children in utter poverty. (Saylor vs. Plaine, 31 Hid., 138.) The will gave Elvira Turner only a life estate.
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Error to Olay Circuit Court. The intention of the testator must govern in the construction of the will (4 Kent, 534) ; and it will not be presumed, that the testator intended to give his wife the entire estate, or to give her the power to spend his entire property with a second husband, and leave his infant children in utter poverty. (Saylor vs. Plaine, 31 Hid., 138.) The will gave Elvira Turner only a life estate. (Ide vs. Ide, 5 Mass., 503 ; Gregory vs. Cow-gill, 19 Mo., 415 ; Jackson vs. Robins, 16 Johns., 537.) First — Elvira Turner took a life estate in the land in controversy, with…
1Opinion of the CourtVories, Judge
This is an action of ejectment brought by the plaintiff for the recovery of a tract or parcel of land in the petition described. The answer denies the allegation of the petition.
Both parties claim the land under the' will of one Samuel E. Turner, deceased. The plaintiff claims an xxndivided half of the land as a devisee under the will, and the defendant claims by virtue of a devise and power which is asserted to be contained in the will, and by a conveyance of the land by Elvira S. B. Turner, the wife of the testator, under the provisions of the will to one James K. Eeed, and by a deed from…
2Cases cited5 opinions
- Bredell v. CollierSupreme Court of Missouri · 1867
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Hazel v. HaganSupreme Court of Missouri · 1871
- Owen v. SwitzerSupreme Court of Missouri · 1873
- Riggins v. McClellanSupreme Court of Missouri · 1859
3Cited by12 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Dickerson v. DickersonSupreme Court of Missouri · 1908
- Wead v. GraySupreme Court of Missouri · 1883
- Russell v. EubanksSupreme Court of Missouri · 1884
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