Jamison v. Hay
Supreme Court of Missouri
Appeal from St. Louis . Circuit Court. I. The decisions at common law, relied on, are founded on a principle of lapsed and void legacies, which has( been radically changed by our statute. (Gen. Stat. 1865, p. 528, § 11.) The will itself recognizes the relationship referred to in the statute, for the devise is to the sons and daughters of “ my uncle,” Col. Sheppard.
Read the full summary
Appeal from St. Louis . Circuit Court. I. The decisions at common law, relied on, are founded on a principle of lapsed and void legacies, which has( been radically changed by our statute. (Gen. Stat. 1865, p. 528, § 11.) The will itself recognizes the relationship referred to in the statute, for the devise is to the sons and daughters of “ my uncle,” Col. Sheppard. Gen. Stat. 1865, p. 532, § 49, re-enacts the common law, and provides “that the courts, in the construction of last wills, shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all…
1Opinion of the Court
Wagnee,, Judge,
delivered tbe opinion of tbe court.
William II. Bell, tbe testator, died about tbe 20tb day of December,.1865, without issue and unmarried, seized and possessed of both real estate and personal property. By bis will, after tbe bequest of a number of pecuniary legacies, be proceeded to dispose of tbe residue of his estate to various persons in certain specified portions. By tbe tenth clause be devises the one undivided eighth of said residue as follows :
10. “ It is my will and desire, and I hereby give, devise, and bequeath unto the sons and daughters of my deceased uncle,…
2Cases cited1 opinion
- Guitar v. GordonSupreme Court of Missouri · 1853
3Cited by19 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Downing v. NicholsonSupreme Court of Iowa · 1902
- Zombro v. MoffettSupreme Court of Missouri · 1931
- Brown v. SmithMissouri Court of Appeals · 1905
14 more not listed; retrieve them via the Exa API.