DeLassus v. Gatewood
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. I). L. Hawkins, Judge. Ejectment by Lydia DeLassus, claiming as heir of William A. DeLassus, ber deceased son, against Robert E. Gatewood.
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Appeal from Cape Girardeau Circuit Court. — Hon. I). L. Hawkins, Judge. Ejectment by Lydia DeLassus, claiming as heir of William A. DeLassus, ber deceased son, against Robert E. Gatewood. The fact that the persons named in the will as children of the testator were his only children, conclusively shows that the words “ that are alive ” do not refer to the time of the making of the will, and that these words, and those immediately following, “ or their bodily children” were not intended to distinguish between those of the testator’s children that were then living, or their bodily children, and…
1Opinion of the CourtSherwood, C. J.
This action,' ejectment, was tried upon the following agreed statement of facts :
Eirst. That Ceran E. DeLassus died testate previous to the 5th day of May, A. D. 1857, seized and owner of a large quantity of land, of which the land described in plaintiff’s petition in this cause forms a paid.
Second. That, at the time of his death, the said Ceran E. DeLassus left him surviving Eleanor DeLassus, his widow, and Mary E. Picou, Joseph E. DeLassus, Erancis C. DeLassus, Leon E. DeLassus, Cammille J. D. DeLassus, Eelix M. DeLassus, Elie M. DeLassus, Mina J. DeLassus, Mary J. DeLassus, Adolph DeLassus…
2Cases cited3 opinions
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Aubuchon v. BenderSupreme Court of Missouri · 1869
- Emison v. WhittleseySupreme Court of Missouri · 1874
3Cited by23 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Sullivan v. GarescheSupreme Court of Missouri · 1910
- Buxton v. KroegerSupreme Court of Missouri · 1909
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