Von Behrn v. Stoeppelmann
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. R. A. Brener, Judge. (1) The will.of Casper Stoeppelmann devised and bequeathed all his property, of every kind and description, to his widow, for her life, and after her death to his six children, to be divided among them as she might direct.
Read the full summary
Appeal from Franklin Circuit Court. — Hon. R. A. Brener, Judge. (1) The will.of Casper Stoeppelmann devised and bequeathed all his property, of every kind and description, to his widow, for her life, and after her death to his six children, to be divided among them as she might direct. This constituted a family settlement, and created and conferred on Johanna “a power,” in the nature of £ (1) Under a proper construction of the Avill in question, none of the authorities cited by appellant are applicable. Because the testator must be presumed to have known what words he was using in the will,…
1Opinion of the CourtGoode, J.
This action was filed to have partitioned a tract of land in Franklin County of the following description:
“All that part of the east half of the northeast quarter, and the east half of the southwest quarter of the northeast quarter of Section Twenty-six, Township Forty-five, Range Four west, which lies north of the' old Hermann and Washington County Road, in Franklin County, Missouri. ’ ’
The allegation of the plaintiffs is that each of them is entitled to an undivided one twenty-fourth (1/24) interest in said real estate, or a total of one-sixth, and the defendant is entitled to an undivided…
2Cases cited5 opinions
- Hood v. HadenSupreme Court of Virginia · 1886
- Smith v. HardestyCourt of Appeals of Maryland · 1898
- Thorington v. HallSupreme Court of Alabama · 1895
- Herrick v. FowlerTennessee Supreme Court · 1902
- Carson v. . CarsonSupreme Court of North Carolina · 1866
3Cited by5 opinions
- Sharp v. BannonCourt of Appeals of Kentucky (pre-1976) · 1953
- Farrar v. BinghamCourt of Appeals for the D.C. Circuit · 1937
- MacBryde v. BurnettDistrict Court, D. Maryland · 1942
- Cathell v. BurrisCourt of Chancery of Delaware · 1936
- Jones v. CommissionerUnited States Board of Tax Appeals · 1940