Underwood v. Cave
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) The entire will must be read in order to get the meaning of the testator and all of its provisions must be taken together.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) The entire will must be read in order to get the meaning of the testator and all of its provisions must be taken together. Sec. 4650, R. S. 1899; Schorr v. Carter, 120 Mo. 409; Morrison v. Thistle, 67 Mo. 598; Brian v. Garrison, 150 Mo. 655. (2) The second and fourth clauses of the will, read together, as they must be, no right or power to sell the real estate is given Malinda Underwood to convey any title greater than a life estate in said land. Schorr v. Carter, supra; Evans v. Folkes, 135 Mo. 397; Bromwell v. Cole, 136 Mo.…
1Opinion of the CourtFox, J.
This is an action in ejectment for the recovery of certain lands in Jackson county. The answer tenders the general issue, invokes the statute of limitations, prays for a reformation of the description as to a part of the land and a decree in accordance therewith. The reply denies the new matter in the answer. On the issues thus joined, trial was had,- and the finding and decree were for defendant as prayed in the answer. In due- time motion for new trial was filed, overruled and the ease brought here by appeal. The whole issue is embraced in the construction of the will of James F. Underwood,…
2Cases cited19 opinions
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Freeman v. . CoitNew York Court of Appeals · 1884
- Chew v. KellerSupreme Court of Missouri · 1889
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Small v. FieldSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Herring v. . WilliamsSupreme Court of North Carolina · 1910
- Sevier v. WoodsonSupreme Court of Missouri · 1907
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Abbott v. WagnerNebraska Supreme Court · 1922
19 more not listed; retrieve them via the Exa API.