Miller v. Ensminger
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Row. D. R. Eby, Judge. (1) The duty to ascertain and make effective the “true intent and meaning” of testatrix has been made in this State the subject of positive statutory requirement. R. S. 1899, sec. 4650. The explanatory clause whereby the entire intent of testatrix is expressed will be adopted by the court as conclusively showing her intention, and will be followed in determining the legal effect of the instrument.
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Appeal from Marion Circuit Court. — Row. D. R. Eby, Judge. (1) The duty to ascertain and make effective the “true intent and meaning” of testatrix has been made in this State the subject of positive statutory requirement. R. S. 1899, sec. 4650. The explanatory clause whereby the entire intent of testatrix is expressed will be adopted by the court as conclusively showing her intention, and will be followed in determining the legal effect of the instrument. Small v. Field, 102 Mo. 128. (2) In this case the explanatory clause, covering, as it does, the whole estate, and expressing, as it does,…
1Opinion of the CourtFox, J.
This appeal is from a judgment rendered in the circuit court of Marion county in an action of ejectment by the plaintiffs against the defendant.
Plaintiffs, with the exception of John W. Matson, are the surviving children of Frederick Miller, and their title is based upon the provisions of the last will of Mrs. Mary Conroy; Matson claims by deed from the other plaintiffs one-third interest of the land in controversy. Defendants claim title through Frederick Miller, plaintiffs’ ancestor.. It is conceded by counsel representing all the parties to this controversy, that there is but one question…
2Cases cited11 opinions
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- Righter v. ForresterCourt of Appeals of Kentucky · 1866
- Charles v. PatchSupreme Court of Missouri · 1885
- Fanning v. DoanSupreme Court of Missouri · 1895
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3Cited by5 opinions
- Case v. SipesSupreme Court of Missouri · 1919
- Cox v. JonesSupreme Court of Missouri · 1910
- Kennard v. WigginsSupreme Court of Missouri · 1941
- Hyde v. HopkinsSupreme Court of Missouri · 1927
- Central Trust Bank v. StoutMissouri Court of Appeals · 1979