Crecelius v. Horst
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. The intention of the testator governs in the construction of wills.— Turner v. Timberlake, 53 Mo. 371; Gaines v. Fender, 57 Mo. 346 ; Oarr v. Dings, 58 Mo. 406 ; Smith v. Hutchinson, 61 Mo. 83; Allison v. (Jlarey, 63 Mo. 279. This being a residuary bequest to a class of persons, — viz.: to. the children of his first wife, — the death of one of said residuary legatees before that of the testator, causes no lapse of…
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Appeal from the St. Louis County Circuit Court, Edwards, J. The intention of the testator governs in the construction of wills.— Turner v. Timberlake, 53 Mo. 371; Gaines v. Fender, 57 Mo. 346 ; Oarr v. Dings, 58 Mo. 406 ; Smith v. Hutchinson, 61 Mo. 83; Allison v. (Jlarey, 63 Mo. 279. This being a residuary bequest to a class of persons, — viz.: to. the children of his first wife, — the death of one of said residuary legatees before that of the testator, causes no lapse of said bequest, but the survivor answering the description of the class, takes the whole residue. — 2 Redf. on Wills, 175,…
1Opinion of the Court
Hayden, J.,
delivei’ed the opinion of the court.
This is a suit in ejectment. The case was submitted to the court below on an agreed statement of facts, from which it appears that William Crecelius was the owner, in fee, of the land in controversy ; that by his first marriage he had two children, Catherine, one of the defendants, and John William; and by his second marriage one child, Ida, the plaintiff; that his will, after the preliminary clause, was as follows : “I give and bequeath to my daughter Ida the sum of one dollar. My wife, Theresa Crecelius (formerly Donald), shall only be entitled…
2Cases cited2 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Stires v. Van RensselaerNew York Surrogate's Court · 1852
3Cited by9 opinions
- Cross v. HochSupreme Court of Missouri · 1899
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Lemmons v. ReynoldsSupreme Court of Missouri · 1902
- Crecelius v. HorstSupreme Court of Missouri · 1883
- Holloway v. BurkeSupreme Court of Missouri · 1935
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