Barnard v. Keathley
Supreme Court of Missouri
Appeal from Ralls Circuit Court— Eon. David E. Eby, Judge. (1) The judgment for partition is contrary to the terms of the will and the intention of the testator as expressed therein. It is true that in the second paragraph the will uses the word “desire” in referring to the sale of this land by his executors, but in the third clause it says in substance that the sale of this land is “directed” to be made by his executors.
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Appeal from Ralls Circuit Court— Eon. David E. Eby, Judge. (1) The judgment for partition is contrary to the terms of the will and the intention of the testator as expressed therein. It is true that in the second paragraph the will uses the word “desire” in referring to the sale of this land by his executors, but in the third clause it says in substance that the sale of this land is “directed” to be made by his executors. Taking the whole will together it means that the real estate named in the petition is directed to be sold by the executors. It will be noticed that the will nowhere vests…
1Opinion of the CourtGantt, P. J.
This is a suit in equity by the residuary legatees of Roland Keathley, deceased, to set aside a certain deed made by James T. Keathley, as the executor of the will of Roland Keathley, deceased, to certain lands described in the petition lying in Ralls county, Missouri, to- his son Henry O. B. Keathley, and a certain deed from the said Henry C. B. Keathley, *217of the same lands, on the ground that said conveyances were the result of a fraudulent conspiracy between the said James T. Keathley and his said son Henry C. B. Keathley, in fraud of the devisees and legatees of the said Eoland Keathley,…
2Cases cited16 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Dameron v. JamesonSupreme Court of Missouri · 1879
- Rozier v. GriffithSupreme Court of Missouri · 1860
- Paris v. HaleySupreme Court of Missouri · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Berghorn v. Reorganized School District No. 8Supreme Court of Missouri · 1953
- Armor v. FreySupreme Court of Missouri · 1913
- Earney v. ClayMissouri Court of Appeals · 1974
- St. Paul & Kansas City Short Line Railroad v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1937
- Gibson v. GibsonSupreme Court of Missouri · 1920
19 more not listed; retrieve them via the Exa API.