Young v. Robinson
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Eon. Alex. E. Waller, Judge. (1) The petition sets out the substance of the fourth item of the will, and the decree of the court declares that, in consequence of the death of Edward’ Young in the lifetime of the testator, the entire legacy-given by that item lapsed. If the construction given to the will by the court below is erroneous, the error appears upon the record proper and is reviewable upon this appeal.
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Appeal from Boone Circuit Court. — Eon. Alex. E. Waller, Judge. (1) The petition sets out the substance of the fourth item of the will, and the decree of the court declares that, in consequence of the death of Edward’ Young in the lifetime of the testator, the entire legacy-given by that item lapsed. If the construction given to the will by the court below is erroneous, the error appears upon the record proper and is reviewable upon this appeal. Brooks v. Brooks, 187 Mo. 482; Bagby v. Emerson, 79 Mo. 140; State ex rel. v. White, 61 Mo. 441; Brown v. Appleman, 83 Mo>. App. 83. (2) “It is a…
1Opinion of the CourtJohnson, J.
This is an action brought by the executors of the last will of Ambrose C.Young, deceased, to obtain a construction of the will. The testator was a farmer living in Boone county, who died in July, 1903, without leaving widow or issue. His will was made on October 6, 1900, and the portions thereof material to our inquiry are as follows:
“Item 2d. I will and bequeath unto Ann Eddie Young, my beloved niece, the sum of $6,000 to her sole separate and absolute use and benefit free from the interference and control of any person or persons whomsoever.
“Item 3d. I will and bequeath unto Ann Eddie…
2Cases cited9 opinions
- Crozier v. . BrayNew York Court of Appeals · 1890
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Gannon v. AlbrightSupreme Court of Missouri · 1904
- Cornwell v. WulffSupreme Court of Missouri · 1899
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3Cited by2 opinions
- Pratt v. Saline Valley Railway Co.Missouri Court of Appeals · 1908
- Walter v. DickmannSupreme Court of Missouri · 1918