Stewart v. Jones
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Eon. A. E. Waller, Judge. (1) The trial court should have sustained defendants’ objections to the introduction of any evidence in the case.' First: Because the petition shows upon its face that it is a proceeding in partition for the sale of said real estate, and also shows that by the will the land was devised to the wife for life and after her death the executor was directed to sell the same.
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Appeal from Boone Circuit Court. — Eon. A. E. Waller, Judge. (1) The trial court should have sustained defendants’ objections to the introduction of any evidence in the case.' First: Because the petition shows upon its face that it is a proceeding in partition for the sale of said real estate, and also shows that by the will the land was devised to the wife for life and after her death the executor was directed to sell the same. R. S. 1899, sec. 4383. Second: Because the sale of the land as prayed for would be in violation of a.nd contrary to the provisions of the will, and also contrary to…
1Opinion of the Court
LAMM, P. J. —
Prom a decree, executing and terminating an alleged trust under a will determining the interests of certain parties in the corpus of the alleged trust estate (consisting of a homestead tract), finding that the land could not be divided and allotted in kind equitably, and decreeing a sale by a special commissioner and a division of the proceeds, certain defendants appeal.
There is little or no dispute on the facts. Questions made here arise on the law applicable to those facts.
Attending to the ease made, it is this:
In 1891 Patrick Henry Jones died testate, a resident of Boone…
2Cases cited16 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Dameron v. JamesonSupreme Court of Missouri · 1879
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3Cited by23 opinions
- Gridley v. JohnsonSupreme Court of Missouri · 1972
- Johnson v. HelmerOregon Supreme Court · 1921
- Evans v. RankinSupreme Court of Missouri · 1931
- State Ex Rel. Slibowski v. KimberlinMissouri Court of Appeals · 1973
- Stockwell v. StockwellSupreme Court of Missouri · 1914
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