Morris v. Hall
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — -How. A. D. Burnes, Judge. (1) The provision giving to Mrs. Hall the net income of the estate was intended by the testator for her support until the legacy of $4,500 was paid, and ceased or lapsed at her death, -unless the provision is a vested legacy transmissible to her heirs. It is not a legacy at all, but a provision for support.
Read the full summary
Appeal from DeKalb Circuit Court. — -How. A. D. Burnes, Judge. (1) The provision giving to Mrs. Hall the net income of the estate was intended by the testator for her support until the legacy of $4,500 was paid, and ceased or lapsed at her death, -unless the provision is a vested legacy transmissible to her heirs. It is not a legacy at all, but a provision for support. McMillan v. Parrón, 141 Mo. 55; Roth v. Rauschman, 73 S. W. 665. (2) It is not a vested legacy because payments under it were to be made in future upon an uncertain event, that is, upon the executor’s inability to sell the farm…
1Opinion of the CourtEllison, J.
Stephen Hall died in February, 1895, leaving a widow and a will, of which the following is a copy of the parts in question:
2. * ‘ That my wife Catherine A. Hall, if she so elect, carry on my farm and have all the proceeds therefrom as well also all my personal estate for the period of one year from the first day of March following my death. ’ ’
3. “I give and bequeath to my wife Catherine A. Hall for her sole and separate use all my household and kitchen furniture, beds and bedding, books and pictures, all household supplies of every kind, one horse such as she may choose, also harness and…
2Cases cited4 opinions
- Crecelius v. HorstSupreme Court of Missouri · 1883
- Garth v. GarthSupreme Court of Missouri · 1897
- Mersman v. MersmanSupreme Court of Missouri · 1896
- Owen v. EatonMissouri Court of Appeals · 1894