Matlack v. Kline
Supreme Court of Missouri
Appeal from Greene Circuit Court. — lion. Guy D. Kirby, Judge. (1) The will of David Caldwell must control the estate and resulting rights in question; and by its terms the same are vested in appellant Kline, dating from the deaths of her associate devisees without living issue, including Frederick D. Smith.
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Appeal from Greene Circuit Court. — lion. Guy D. Kirby, Judge. (1) The will of David Caldwell must control the estate and resulting rights in question; and by its terms the same are vested in appellant Kline, dating from the deaths of her associate devisees without living issue, including Frederick D. Smith. (2) Courts are enjoined generally to have a care for the provisions of the wills of testators and truly execute the same; and there is no discretion to evade the force thereof, nor liberty to rove in the fields of suggestion' of better ways than the testator has pointed out. R. S. 1909,…
1Opinion of the CourtWalker, C. J.
This action, so far as its facts will admit of its classification, is in the nature of a bill of interpleader, in that the plaintiff (respondent here) seeks to have the defendants interplead, that it may be determined to whom plaintiff shall be required to pay rent or royalty on a tract of mining land, leased by the latter. A decree therein was rendered below, in favor of one of the defendants, Mary E.- Smith. From this judgment the other defendant, Rowena Kline, appealed to the Springfield Court of Appeals, which reversed the judgment of the trial court, and directed that payment of the rent…
Also in this document: Concurrence.
2Cases cited29 opinions
- Lenfers v. HenkeIllinois Supreme Court · 1874
- Vanderberg v. Kansas City, Missouri, Gas Co.Supreme Court of Missouri · 1906
- Guthmann v. ValleryNebraska Supreme Court · 1897
- Seigel v. NearyAppellate Terms of the Supreme Court of New York · 1902
- Hoagland v. CrumIllinois Supreme Court · 1885
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3Cited by9 opinions
- Central Montana Stockyards v. FraserMontana Supreme Court · 1957
- Simmons v. FridaySupreme Court of Missouri · 1949
- State v. PlassardSupreme Court of Missouri · 1946
- Haywood v. . BriggsSupreme Court of North Carolina · 1947
- State Ex Rel. W. A. Ross Construction Co. v. SkinkerSupreme Court of Missouri · 1937
4 more not listed; retrieve them via the Exa API.