Willard v. Darrah
Supreme Court of Missouri
Appeal from Saline Circuit Court. — lion. Richard Field, Judge. (1) The appellate court will look into all the facts in evidence, showing the situation of the testator, his family, and the condition of his property, and all the circumstances •surrounding him at the time of the execution of the will, in order to ascertain for whom he intended the devise contained in the fourth clause of said will.
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Appeal from Saline Circuit Court. — lion. Richard Field, Judge. (1) The appellate court will look into all the facts in evidence, showing the situation of the testator, his family, and the condition of his property, and all the circumstances •surrounding him at the time of the execution of the will, in order to ascertain for whom he intended the devise contained in the fourth clause of said will. This court is not bound by the conclusions of the. trial court, but will examine for itself the extrinsic facts, which were properly introduced in evidence, to explain the ambiguity as to the persons…
1Opinion of the CourtBrace, P. J.
— This is a suit in ejectment for the possession of an undivided one-eighth interest in.a tract of land in Saline county, described in the petition. William Nelson, late of said county, deceased, is the common source of title. He died testate on December 12, 1892, seized in fee simple of the premises; leaving him surviving: three daughters, the defendant, Mariah Darrah, and her two sisters, Nannie Brown and Sarah Bryan; two sons, James Nelson and John Nelson; and four grandsons, Ord Nelson and Corley Nelson,- sons of his deceased son Lawrence, and plaintiff John Willard and his brother…
2Cases cited6 opinions
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Thomson v. ThomsonSupreme Court of Missouri · 1893
- Creasy v. AlversonSupreme Court of Missouri · 1868
- Watson v. WatsonSupreme Court of Missouri · 1892
- In Re the Judicial Settlement of the Account of WoodwardNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pate v. BushongIndiana Supreme Court · 1903
- McMahan v. HubbardSupreme Court of Missouri · 1909
- Wooley v. HaysSupreme Court of Missouri · 1920
- McCoy v. BradburySupreme Court of Missouri · 1921
- Bond v. RileySupreme Court of Missouri · 1927
17 more not listed; retrieve them via the Exa API.