Briant v. Garrison
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The instrument considered in connection with the plat showing sections, township and range, contains a patent ambiguity, and parol testimony is not admissible to alter, change, modify or explain it, nor to prove testator’s intention. I G-reenl. on Evid., p. 370; 2 Bom., Eq.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The instrument considered in connection with the plat showing sections, township and range, contains a patent ambiguity, and parol testimony is not admissible to alter, change, modify or explain it, nor to prove testator’s intention. I G-reenl. on Evid., p. 370; 2 Bom., Eq. Jur., sec. 871; Wig-ram on Wills (4 Ed.), p. 379; Jarman on Wills (3 Ed.), p. 379; Summers v. Summers, 5 Ontario 112; Hickey v. Stover, II Ontario 106; MeFayden v. MeFayden, 27 Ontario 598; Judy v. Gilbert, 77 Ind. 96; Mann v. Mann, 14 Johns. 9; Hardy v.…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity to construe the will of A. C. Briant. The plaintiffs (except Sloan, the executor) are the heirs at law (brothers and sisters or their descendants) of the deceased, and the defendants are the children of Sallie Garrison, wife of Eli P. Garrison, referred to in the third clause of the will. The petition sets out the will of A. C. Briant, which after directing, first, the payment of his *660debts, gives, second, a life estate to bis wife Susan G., with power of sale, and then is as follows: “Third: In case my executors shall not in the lifetime of my said wife sell or…
2Cases cited7 opinions
- Bradley v. BradleySupreme Court of Missouri · 1857
- Thomson v. ThomsonSupreme Court of Missouri · 1893
- Murphy v. WilsonSupreme Court of Missouri · 1869
- Wolfe v. DyerSupreme Court of Missouri · 1888
- Johnson v. BowlwareSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Knapp v. HanleyMissouri Court of Appeals · 1904
- Prestigiacamo v. American Equitable Assurance Co.Missouri Court of Appeals · 1949
- Meinhardt v. WhiteSupreme Court of Missouri · 1937
- Waters v. HatchSupreme Court of Missouri · 1904
- Missouri Baptist Sanitarium v. McCuneMissouri Court of Appeals · 1905
13 more not listed; retrieve them via the Exa API.