Legal Opinion

Mersman v. Mersman

Supreme Court of Missouri

Decided December 1, 1896PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The suit is to obtain a construction of the will of Mr. Joseph J. Mersman, deceased. It is a very long document. The following synopsis of certain sections of it and quotations of the material passages present a sufficient outline of the subject-matter of the controversy: THE MEBSMAN WILL. Section 1. General provision for payment of debts and funeral expenses.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The suit is to obtain a construction of the will of Mr. Joseph J. Mersman, deceased. It is a very long document. The following synopsis of certain sections of it and quotations of the material passages present a sufficient outline of the subject-matter of the controversy: THE MEBSMAN WILL. Section 1. General provision for payment of debts and funeral expenses. Sec. 2. Releases to the four sons of indebtedness to the testator. Bequest to them of testator’s claims against firms in which they were partners, respectively.…

1Opinion of the CourtBakclax, J.

The suit is in equity bytrusteesunder the will of Mr. Joseph J. Mersman to have instructions from the court as to their powers and duties. All the parties interested were brought into the case. The trial court entertained the petition and construed the will, after a full hearing.

In the statement opening the report of the present appeal, appear the important parts of the document to be construed, and also a short description of the other portions of it.

There are two groups of beneficiaries, one group asserting a certain meaning of the will, and the other denying it. The substance of the claim…

2Cited by7 opinions

  1. Adams v. Conqueror Trust Co.Supreme Court of Missouri · 1949
  2. Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
  3. Holsapple v. ShrontzIndiana Court of Appeals · 1917
  4. State ex rel. Gordon v. McVeighMissouri Court of Appeals · 1914
  5. Broaddus and Larson v. Park CollegeMissouri Court of Appeals · 1944

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