Peters v. Carr
Supreme Court of Missouri
jError to St. Louis Circuit Court. This was a petition for partition. The rights of the parties depend upon the will of William C. Carr." The following is a' copy of the clause affecting the questions decided : “ In making a will, I am influenced by the desire to effect two objects : ££ Tbe first of which is, to proyide a suitable support for my wife and minor children, during her widowhood and their minority. ££ Secondly.
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jError to St. Louis Circuit Court. This was a petition for partition. The rights of the parties depend upon the will of William C. Carr." The following is a' copy of the clause affecting the questions decided : “ In making a will, I am influenced by the desire to effect two objects : ££ Tbe first of which is, to proyide a suitable support for my wife and minor children, during her widowhood and their minority. ££ Secondly. To make an equal division, at suitable periods, of the balance of my estate amongst all my children. “To effect the first, without doing injustice to any, is with me the…
1Opinion of the CourtG-ambue, Judge
The question is presented, under the clauses of the will set out in the statement, whether a partition can now be made of the real estate. It is stated in the petition and admitted, that the widow has regularly renounced the provision made for her by the will, and that Eugenia, the youngest child of the testator, is about five years old.
As cases upon the construction of wills have but little authority in controversies which arise upon other wills, it is neither necessary nor useful to enter upon an elaborate discussion of the meaning and force of the language employed by the testator, in the…
2Cited by2 opinions
- Garth v. GarthSupreme Court of Missouri · 1897
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923