Deacon v. St. Louis Union Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo. 8. Rassieur, Judge. (1) In cases of remoteness, the court is hound to construe the will as though the rule against perpetuities was non-existent. The intention of the testator must be discovered from the words of the will alone, and these words must he given effect according to their natural and ordinary meaning.
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Appeal from St. Louis City Circuit Court. — Hon. Leo. 8. Rassieur, Judge. (1) In cases of remoteness, the court is hound to construe the will as though the rule against perpetuities was non-existent. The intention of the testator must be discovered from the words of the will alone, and these words must he given effect according to their natural and ordinary meaning. It is not permissible for the court to put a strained or unnatural construction on the will, for the mere purpose of avoiding the effect of the rule. 1 Jarman on Wills (6 Eng. Ed.), p. 364; Gray onPerpetuities (3 Ed.), see. 629,…
1Opinion of the CourtWalker, P. J.
This is a suit to construe the will of Mrs. Lily Lambert, who died in the city of St. Louis in March, 1889. The particular matter for determination is whether the trust created by the will violates the *678rule against perpetuities. Omitting the formal opening and closing paragraphs, this will is as follows:
“1st. I give, devise and bequeath all my property, real, personal and mixed, and wherever situate to my brother, John D. Winn, as trustee, for the following purposes :
“(1) To pay all my debts, and all unpaid debts of my late husband, Jordan W. Lambert.
“(2) To collect all rents of real estate,…
2Cases cited23 opinions
- Heilman v. HeilmanIndiana Supreme Court · 1891
- Tayloe v. MosherCourt of Appeals of Maryland · 1868
- Estate of WinchesterCalifornia Supreme Court · 1903
- Arnold v. AldenIllinois Supreme Court · 1898
- Bredell v. CollierSupreme Court of Missouri · 1867
18 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Trautz v. LempSupreme Court of Missouri · 1932
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Housman v. LewellenSupreme Court of Missouri · 1951
- McDougal v. McDougalMissouri Court of Appeals · 1955
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
33 more not listed; retrieve them via the Exa API.