Guy v. Mayes
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Mon. David M. Eby, Judge. Under the will in this case it was clearly the intention of the testator, Jno. R. Guy, to convey his property to trustees, ¥m. Mac. Guy and S. F. Mayes, to be held by them for the use and benefit of his son, John W. Guy, during his life time; the remainder upon his death to go back to his estate and be divided equally among John R. Guy’s heirs. He was only willed an equitable life estate.
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Appeal from Pike Circuit Court. — Mon. David M. Eby, Judge. Under the will in this case it was clearly the intention of the testator, Jno. R. Guy, to convey his property to trustees, ¥m. Mac. Guy and S. F. Mayes, to be held by them for the use and benefit of his son, John W. Guy, during his life time; the remainder upon his death to go back to his estate and be divided equally among John R. Guy’s heirs. He was only willed an equitable life estate. Munroe v. Collins, 95 Mo. 33. Simmons v. Oabanne, 177 Mo. 336; Cross v. Hotch, 149 Mo. 329’; Small v. Field, 102 Mo. 105; Louis v. Pittman, 101 Mo.…
1Opinion of the Court
BROWN, J.—
Action for partition of real estate. This appeal is taken from a decree awarding to defendants a larger interest in the property than plaintiffs’ petition concedes them to have.
The issues tendered, or attempted to be tendered, in this case, turn upon the construction of the will •of one John E. Guy, which is as follows:
“First. I desire all my.just debts fully paid.
“Second. I give and bequeath to my beloved wife, Elizabeth S. Guy, the home place where we now live near Paynesville, Mo., containing one acre of land with all and singular thereto pertaining which I value at two thousand…
2Cases cited6 opinions
- Munro v. CollinsSupreme Court of Missouri · 1888
- State ex rel. Jones v. JonesSupreme Court of Missouri · 1895
- Simmons v. CabanneSupreme Court of Missouri · 1903
- Burford v. AldridgeSupreme Court of Missouri · 1901
- Lee v. LeeSupreme Court of Missouri · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cornet v. CornetSupreme Court of Missouri · 1913
- Jacob v. Uncle Sam Planting & Mfg. Co.Supreme Court of Louisiana · 1919
- Kuhn v. ZeppSupreme Court of Missouri · 1946
- Pazdernik v. StemlerMissouri Court of Appeals · 1990