Smoot v. Harbur

[250] This is an action to construe a will. The construction of the trial court was affirmed by the St. Louis Court of Appeals. [Smoot v. Harbur, 203 S. W, (2d) 890.] We transferred it here upon appellant’s claim that the opinion of the Court of Appeals was in conflict with our opinion in Meiners v. Meiners, 179 Mo. 614, 78 S. W. 795. We refer to the opinion of the Court of Appeals for the pleadings.

The question for decision is whether the will gives appellant a one-fourth or one-eighth share- as residuary legatee. If she has only ' a one-eightb then testatrix died -intestate as to one-eighth…