Wetzel v. Hecht
Supreme Court of Missouri
Appeal from Morgan Circuit court. — Son. John G. Slate, Judge. (1) The controlling rule in construing wills, is to give effect to the intention of the testator as the same may he gathered from the instrument, if not violative of some established rule of law. Cox v. Jones, 229' Mo. 53.. (2) The intention of the testator must be .gathered from the will itself.
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Appeal from Morgan Circuit court. — Son. John G. Slate, Judge. (1) The controlling rule in construing wills, is to give effect to the intention of the testator as the same may he gathered from the instrument, if not violative of some established rule of law. Cox v. Jones, 229' Mo. 53.. (2) The intention of the testator must be .gathered from the will itself. Middleton v. Dudding, 183 S. W. 443. (3) The ordinary primary meaning is to be given the language of a will, unless other terms used in the will disclose that such meaning is repugnant to the testator’s intention. Cox v. Jones, 229 Mo.…
1Opinion of the Court
This suit, under Section 2535, Revised Statutes 1909, is to determine title to a tract of land in Versailles, Morgan County, Missouri. M. Joachimi, owner of the land, died in January, 1911, leaving a will. The construction of this will presents the issue between the parties. The defendant is the widow of M. Joachimi; the plaintiffs are his daughters by a former marriage.
Joachimi had four children at the time of his death; two daughters, Lillie, now Lillie Wetzel, and Carrie Walter, plaintiffs; and two sons, E.A. Joachimi and M.L. Joachimi, Jr. The will of M. Joachimi, executed in May, 1910,…
2Cases cited7 opinions
- Burnet v. BurnetSupreme Court of Missouri · 1912
- Armor v. FreySupreme Court of Missouri · 1910
- Brown v. MooreSupreme Court of Missouri · 1881
- Walton v. DrumtraSupreme Court of Missouri · 1899
- Thomas v. BlackSupreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Regan v. EnsleySupreme Court of Missouri · 1920
- Bough v. KingDistrict Court, Virgin Islands · 1958
- Hendrix v. MarksMissouri Court of Appeals · 1923