Myher v. Myher
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Every will shall be in writing. R. S. 1899, sec. 4604. We gather from a reading of the above-section that the will, the whole of it, must he in writing. Had the lawmakers intended that a will should rest part in writing and part in parol, or extrinsic matters, it is fair to presume that they would have said so; having said that it should he in writing, then, parol evidence cannot he admitted to add to.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Every will shall be in writing. R. S. 1899, sec. 4604. We gather from a reading of the above-section that the will, the whole of it, must he in writing. Had the lawmakers intended that a will should rest part in writing and part in parol, or extrinsic matters, it is fair to presume that they would have said so; having said that it should he in writing, then, parol evidence cannot he admitted to add to. In re Lynch’s Estate, 142 Cal. 373; William Exrs., Am. Notes, p. 299; 30 Am. Eng. Ency. Law, p. 673; Fitzpatrick v.…
1Opinion of the CourtValliant, J.
Plaintiff, claiming to he the owner in fee of an undivided one-fifth of certain lands in Adair county, brought this suit under section 650, Revised Statutes 1899', to have the title adjudged and determined. The land in question belonged to Edward W. Myher, the father of the plaintiff, and of the defendants. He is the common source under which all *635the parties claim, the plaintiff hy inheritance and the defendants nnder their father’s will. Edward W.Myher died leaving a will hy which he gave to the plaintiff a small money legacy only, and devised his land to the defendants, giving to each a…
2Cases cited5 opinions
- McMahan v. HubbardSupreme Court of Missouri · 1909
- Wardell v. WatsonSupreme Court of Missouri · 1887
- Mudd v. DillonSupreme Court of Missouri · 1901
- Long v. WagonerSupreme Court of Missouri · 1870
- Martin v. KitchenSupreme Court of Missouri · 1906
3Cited by8 opinions
- Lossing v. ShullSupreme Court of Missouri · 1943
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Frazier v. Shantz Read Estate & Investment Co.Supreme Court of Missouri · 1938
- Curry v. CrullSupreme Court of Missouri · 1938
- Morrison v. BraddockSupreme Court of Florida · 1930
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