Hill v. Martin
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. I. The testator John Hill not having named his son William Hill in his will, there is nothing in the will by which the court can be justified in saying that William Hill was intentionally omitted, and that therefore John Hill did not die intestate as to William, and this case is not like that of Guitar et al. v. Gordon et al., 17 Mo. 408 ; nor is it like the case of Hockensmith & wife v. Slusher, 26 Mo. 237; 9 Fost. 533 ; 18 Pick. 162 ;…
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Appeal from Lafayette Circuit Court. I. The testator John Hill not having named his son William Hill in his will, there is nothing in the will by which the court can be justified in saying that William Hill was intentionally omitted, and that therefore John Hill did not die intestate as to William, and this case is not like that of Guitar et al. v. Gordon et al., 17 Mo. 408 ; nor is it like the case of Hockensmith & wife v. Slusher, 26 Mo. 237; 9 Fost. 533 ; 18 Pick. 162 ; Bradley v. Bradley, 24 Mo. 311. I. There was no sucb case of intestacy as is alleged by appellants; because the said…
1Opinion of the CourtRichardsON, Judge
This is a proceeding for partition of land and slaves that belonged to John Hill at the time of his death. The plaintiffs are grand-children of John Hill and children of William Hill, a son of John Hill, who died before his father. John Hill by his will gave all his estate (after the death of his widow) to his daughters Mrs. Martin, Mrs. Scott and Mrs. Pai'ks, and to his grand-daughter Luann Hill, the plaintiffs’ sister; and the plaintiffs claim a portion of the estate on the ground that they are heirs of John Hill, and that he died intestate as to them because they are neither named nor…
2Cases cited5 opinions
- Guitar v. GordonSupreme Court of Missouri · 1853
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Bradley v. BradleySupreme Court of Missouri · 1857
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Levins v. StevensSupreme Court of Missouri · 1841
3Cited by3 opinions
- Russell v. GrantSupreme Court of Missouri · 1894
- S. B. Luttrell & Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1907
- Steinmann v. StrimpleMissouri Court of Appeals · 1888