Balliett v. Veal
Supreme Court of Missouri
- Appeal from Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) Wills are to be construed as a whole. Partridge v. Gavender, 96 Mo. 456. (2) The intention of the testator as gathered from a consideration of the whole will is the polar star to guide in the interpretation. Small 'v. Field, 102 Mo. 122. (3) Every word must be given a meaning if possible. Redfield on Wills [4 Ed.], 431. Rule 16 given by Jarman as quoted by Redfield on Wills, page 427; 29 Am. and Eng.
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- Appeal from Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) Wills are to be construed as a whole. Partridge v. Gavender, 96 Mo. 456. (2) The intention of the testator as gathered from a consideration of the whole will is the polar star to guide in the interpretation. Small 'v. Field, 102 Mo. 122. (3) Every word must be given a meaning if possible. Redfield on Wills [4 Ed.], 431. Rule 16 given by Jarman as quoted by Redfield on Wills, page 427; 29 Am. and Eng. Ency. of Law, 371. (4) If there is a conflict between two clauses, the last clause must govern. Redfield on Wills [4 Ed.],…
1Opinion of the CourtBurgess, J.
This is an action between the plaintiff Mrs. Balliett, and the defendant Mrs. Neal, for the partition of a tract of land in Monroe county, Missouri, containing about two hundred acres. There was judgment in the court below in favor of defendants, from which plaintiffs appeal.
Both parties claim title under the last will and testament of Mary E. Garvin, which is as follows: “In the name of God, amen. I, Mary E. Garvin of Monroe county, State of Missouri (formerly of St. Louis, Mo.) being of sound mind and memory and knowing it is appointed unto man once to die,-make this my last will and…
2Cited by2 opinions
- Blumer v. GillespieSupreme Court of Missouri · 1936
- Settle v. ShaferSupreme Court of Missouri · 1910