Waters v. Hatch
Supreme Court of Missouri
Appeal from Jasper Circuit Court . — Hon. Hugh Dabbs, Judge. (1) “All courts shall have due regard to the directions of the will, and the true intent and meaning of the testator.” R. S. 1899, sec. 4650. (2) This was the common law rule, incorporated into our statutes, and is subject to the limitation that, unless there is an ambiguity, the intention must be determined from the will itself.
Read the full summary
Appeal from Jasper Circuit Court . — Hon. Hugh Dabbs, Judge. (1) “All courts shall have due regard to the directions of the will, and the true intent and meaning of the testator.” R. S. 1899, sec. 4650. (2) This was the common law rule, incorporated into our statutes, and is subject to the limitation that, unless there is an ambiguity, the intention must be determined from the will itself. Webb v. Archibald, 128 Mo. 308; Schorr v. Carter, 120 Mo. 413; Thomas v. Thomas, 149 Mo. 435. (3) The instrument itself, like other instruments, is to be interpreted according to the rules of law. Harrison…
1Opinion of the CourtMarshall, J.
This is an application, in equity, by the executor of the last will and testament of W. II. Hatch, deceased, for a construction of the will. The widow and children of the deceased, who are also the legatees under the will, are the parties defendant. The will made no specific provision for the payment of debts, and the principal question involved is whether the demonstrative, the specific or the general legacies, one or all, should contribute ratably to the payment of the debts and the expenses of adminstration. There are other questions of construction of the will which *270affect certain…
2Cases cited2 opinions
- Briant v. GarrisonSupreme Court of Missouri · 1899
- RoBards v. BrownSupreme Court of Missouri · 1902
3Cited by13 opinions
- Will of EhlersWisconsin Supreme Court · 1913
- Adams v. Conqueror Trust Co.Supreme Court of Missouri · 1949
- Shriners Hospitals for Crippled Children v. EmrieSupreme Court of Missouri · 1961
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- Martin v. ThompsonSupreme Court of Missouri · 1916
8 more not listed; retrieve them via the Exa API.