Garth v. Garth
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) That the “intention” of the testator shall control in the construction of wills is a rule universally-recognized by the courts of this country.
Read the full summary
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) That the “intention” of the testator shall control in the construction of wills is a rule universally-recognized by the courts of this country. R. S. 1889, sec. 8916; Nichols v. Bostoell et al., 103Mo. 151; Small v. Field, Green et al., 102 Mo. 104; Rose v. McHose, FxWs, 26 Mo. 590; Murphy v. Carlin et al., 113 Mo. 112; Redman v. Barger, 118 Mo. 568. (2) Where necessary to explain inconsistencies, or doubtful expressions in a will, the situation of the testator, the objects of his bounty, and all the surrounding…
1Opinion of the CourtMacfarlane, J.
This suit is addressed to the equity side of the court, the purpose of which is to obtain the proper construction of the second item of the following will of Jefferson Garth, deceased.
“Item 1. I have already advanced to each one of my children, John R. Garth (now deceased), William G. Garth, Samuel A. Garth, Henry H. Garth, James W. Garth (now deceased), Walter W. Garth, and Lizzie Worley, the sum. of nine thousand dollars ($9,000), which is to be charged as a part of their distributive share of my estate.
“Item 2. I will and bequeath to Walter W. Garth, in trust for my grandson, James Garth,…
2Cases cited5 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Small v. FieldSupreme Court of Missouri · 1890
- Nichols v. BoswellSupreme Court of Missouri · 1890
- Dugans v. LivingstonSupreme Court of Missouri · 1851
- Peters v. CarrSupreme Court of Missouri · 1852
3Cited by10 opinions
- Roberts v. CrumeSupreme Court of Missouri · 1903
- State Ex Rel. Ashauer v. HostetterSupreme Court of Missouri · 1939
- Birdsong Ex Rel. Kenny v. JonesMissouri Court of Appeals · 1928
- Ford v. Stevens Motor Car Co.Missouri Court of Appeals · 1920
- Missouri Baptist Sanitarium v. McCuneMissouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.