Brooks v. Brooks
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) No bill of exceptions is necessary to present for the consideration of this court the error relied upon by the appellants for a reversal of the decree rendered by the court below. Bagby v. Emerson, 79 Mo. 140; State ex'rel. v. White, 61 Mo. 441; Land Co. v. Bretz, 125 Mo. 422; Ryan v. Growney, 125 Mo. 482; Brown v. Appleman, 83 Mo.
Read the full summary
Appeal from Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) No bill of exceptions is necessary to present for the consideration of this court the error relied upon by the appellants for a reversal of the decree rendered by the court below. Bagby v. Emerson, 79 Mo. 140; State ex'rel. v. White, 61 Mo. 441; Land Co. v. Bretz, 125 Mo. 422; Ryan v. Growney, 125 Mo. 482; Brown v. Appleman, 83 Mo. App. 83. (2) The court erred in holding that Irene Scott, one of the appellants, was only entitled to. an undivided one-eighth of the estate. The proper construction of the will and codicil…
1Opinion of the Court
MARSHALL, J. —
This is a suit in equity to construe a will and a codicil thereto of James B. Brooks, who died in Howard county, Missouri, on the 13th of July, 1902. The plaintiffs are Thos. B. Brooks, the testamentary trustee under the will, and his wife, Mary Brooks, and their children, beneficiaries under the will. And the defendants are Phillip O. Brooks, executor of *482the will, and' Irene Scott, and her husband, said Irene being a half-sister of the testator, and the beneficiary named in the codicil to the will.
The case is here on a certificate of the judgment. The testimony is not preserved…
2Cases cited6 opinions
- Cross v. HochSupreme Court of Missouri · 1899
- Reinders v. KoppelmanSupreme Court of Missouri · 1887
- Briant v. GarrisonSupreme Court of Missouri · 1899
- RoBards v. BrownSupreme Court of Missouri · 1902
- Simmons v. CabanneSupreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Cook v. HigginsSupreme Court of Missouri · 1921
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Gannon v. PaukSupreme Court of Missouri · 1906
- Guthrie v. CrewsSupreme Court of Missouri · 1921