Andre v. Andre
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) A court of equity lias no jurisdiction to reform a will on account of a mistake of tie draftsman.
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Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) A court of equity lias no jurisdiction to reform a will on account of a mistake of tie draftsman. Goode v. Goode, 22 Mo. 518; 34 Cyc. 924, sec 3. (2) The admission of the testimony of witness French as to the intention and declarations of the testator were inadmissible over the objections of the defendant. 40 Cyc. 1436. (3) Only an equitable title can pass from the United States Government by an entry of public lands; the fee only passes by patent. 32 Cyc. 1029; Carman v. Johnson, 20 Mo. 108; Mosher v. Bacon, 229 Mo. 350;…
1Opinion of the CourtElder, J.
This is a proceeding to construe the will of Henry Andre, deceased, and to determine and quiet title to twenty acres of land claimed by plaintiff as devisee under the said will.
The petition is in two counts. The first count thereof alleges that Henry Andre died in March, 1906, leaving surviving him his wife, Mine Andre (defendant here in); four children, to-wit, Byrdia L. Majors, Mary L. MeKeag and Delia Brown (defendants herein), and George Andre, Jr. (plaintiff and respondent herein); four grand-children, to-wit, Cora Milliner, Charles Wells, Ida Tatum and Clara Taylor (defendants herein),…
2Cases cited18 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- State v. VaughanSupreme Court of Missouri · 1906
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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3Cited by4 opinions
- Evans v. Volunteers of AmericaSupreme Court of Missouri · 1955
- Obetz v. Boatmen's Nat. Bank of St. LouisSupreme Court of Missouri · 1950
- Wiechert v. WiechertSupreme Court of Missouri · 1927
- Haugh v. BokernSupreme Court of Missouri · 1930