Gregory v. Cowgill
Supreme Court of Missouri
•Appeal from Lewis Circuit Court. argued the following points : 1. The words “ all that may remain,” &c., in the will do not raise a power of disposition in the widow of the testator, lde v. Me, 5 Mass. 503. 16 J. R. 585. 4 Kent, 319. 2. If those words did raise a power of disposition, there is no evidence that the widow intended to execute the power by her conveyance to the defendant.
Read the full summary
•Appeal from Lewis Circuit Court. argued the following points : 1. The words “ all that may remain,” &c., in the will do not raise a power of disposition in the widow of the testator, lde v. Me, 5 Mass. 503. 16 J. R. 585. 4 Kent, 319. 2. If those words did raise a power of disposition, there is no evidence that the widow intended to execute the power by her conveyance to the defendant. Where-there is an interest and a power in the same person, a deed executed without particular reference to the power, will be applied to the interest. 4 Kent, 334-5. 4 Vesey, 631. 1 Atkyns, 559. 3 Story’s Rep.…
1Opinion of the CourtScott, Judge
Robert Sinclair died seized of a considerable estate, both-real and personal. By his will, he devised to his wife, Susan,, *416all of his estate, both real and personal, of what kind and nature soever, to have and to hold and to enjoy during her natural life-time, with the exception of Eden, his black man, whom, for his fidelity, ho emancipated. To his nephew, J. H. Gregory, he devised all that might remain of his estate, both real and personal, after the death of his wife, to have and to hold and to enjoy forever. These clauses, with the exception of the formal parts, constituted the entire…
2Cases cited1 opinion
- Jackson v. RobinsNew York Supreme Court · 1819
3Cited by17 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Garland v. SmithSupreme Court of Missouri · 1901
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Armor v. FreySupreme Court of Missouri · 1910
12 more not listed; retrieve them via the Exa API.