Legal Opinion

Miller v. Holt

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 7 opinions

Appeal from Andrew Circuit Court. — Hon. H. L. Kelley, Judge. A will or devise is a disposition of property to take effect after tbe death of the maker. Burrell’s Law Die., vol. 2, p. 622; Bouvier’s Inst., vol. 2, p. 431; Bouvier’s Law Die. The instrument in question is a will and not a deed.

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Appeal from Andrew Circuit Court. — Hon. H. L. Kelley, Judge. A will or devise is a disposition of property to take effect after tbe death of the maker. Burrell’s Law Die., vol. 2, p. 622; Bouvier’s Inst., vol. 2, p. 431; Bouvier’s Law Die. The instrument in question is a will and not a deed. An instrument in the form of a will, or deed, whether it be a deed or gift, deed of sale with a good or valuable consideration, or an indenture, will operate as a will, and not as a deed, if by its terms it is to take effect after the death of the maker. Bacon’s Abr.,- vol. 10, p. 480; Iiickson v.…

1Opinion of the CourtHenry, J.

— On the 20th day of October, 1870, Nelson *585McD. Allen and Lewis Allen, his father, entered into the following written agreement:

State oe Missouri, County oe Andrew, 1 October 20th, 1870. j

“I this day, for and in consideration of the benefits of a certain will, which is the last will and testament of Lewis Allen, in regard to a certain tract of land, to-wit, (describing the fifty-four acre tract in controversy,) enter into a bond for the support of the said Lewis Allen during his natural life-time. In case the support from myself (N. McD. Allen) is a good, decent one, then the above described…

2Cited by7 opinions

  1. Clay v. LaytonMichigan Supreme Court · 1903
  2. Murphy v. GabbertSupreme Court of Missouri · 1902
  3. Givens v. OttSupreme Court of Missouri · 1909
  4. Goodale v. EvansSupreme Court of Missouri · 1914
  5. Priest v. McFarlandSupreme Court of Missouri · 1914

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