Legal Opinion

Chiles v. Bartleson

Supreme Court of Missouri

Decided July 15, 1855PublishedCited by 14 opinions

Error to Jackson Circuit Court. This was a petition for partition filed by Henry T. Chiles and his wife, who was a daughter of John Bartleson, against the defendants, who were also children of said Bartleson.

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Error to Jackson Circuit Court. This was a petition for partition filed by Henry T. Chiles and his wife, who was a daughter of John Bartleson, against the defendants, who were also children of said Bartleson. John Bartleson died seized of the land, leaving a will, the material provisions of which are as follows : § 3. I will and bequeath unto my beloved wife, Frances Bartleson, my negro man, Charles, his wife, Clara, and their four children, and all of my lands, with the appurtenances thereunto belonging, with a sufficiency of stock to support the farm. § 8. And further, after the above and…

1Opinion of the CourtLeonard, Judge

The intention of the testator is plain enough ; the whole will must be read together, and effect given to every clause of it, and the words used are to be understood in the sense indicated by the whole instrument. Our duty, in the language of our own statute, is “to have regard to the true intent and meaning of the testator.” The father gives his land to his wife, then provides that, upon her death, it shall be divided between his four children, and after various specific gifts to them, concludes his will with the express declaration that the bequests in it to his daughters “are made to them…

2Cited by14 opinions

  1. Cross v. HochSupreme Court of Missouri · 1899
  2. Armor v. FreySupreme Court of Missouri · 1910
  3. Munro v. CollinsSupreme Court of Missouri · 1888
  4. Gibson v. GibsonSupreme Court of Missouri · 1912
  5. Charles v. PatchSupreme Court of Missouri · 1885

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