Clotilde v. Lutz
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. 1st. The circuit corirf misconstrued the will of Barbara Lutz, deceased. Upon the law and the evidence in the case the judgment should have been for plaintiff and order of sale made as prayed for. The will is in evidence, relied upon by all the parties to this action. It was made by M. Barbara Lutz just six weeks prior to her death.
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Transferred from St. Louis Court of Appeals. 1st. The circuit corirf misconstrued the will of Barbara Lutz, deceased. Upon the law and the evidence in the case the judgment should have been for plaintiff and order of sale made as prayed for. The will is in evidence, relied upon by all the parties to this action. It was made by M. Barbara Lutz just six weeks prior to her death. She knew when she made it, that she had no personal estate out of which her legacies could be paid, but knew she had ample real estate to pay them all, and leave a surplus of $15,000. She knew that in presence of…
1Opinion of the CourtBurgess, J.
This case was certified by the St. Louis Court of Appeals to this court on the ground that the amount involved exceeds the jurisdiction of that court, and that its jurisdiction might be questioned on the ground of real estate being involved.
The plaintiff is a legatee under the will of Martha Barbara Lutz, deceased. She died on January 2, 1894. ' About six weeks prior to her death she made her will, in which she gave various legacies, mostly for religious and charitable purposes, among them $500 to a rector to beautify a church, two $200 legacies to different- priests to be expended for masses…
2Cases cited1 opinion
- McCorn v. . McCornNew York Court of Appeals · 1885
3Cited by8 opinions
- Birdsong Ex Rel. Kenny v. JonesMissouri Court of Appeals · 1928
- Brown v. TuschoffSupreme Court of Missouri · 1911
- Meiners v. MeinersSupreme Court of Missouri · 1904
- Fleischaker v. FleischakerSupreme Court of Missouri · 1936
- Stuart v. RobinsonMississippi Supreme Court · 1902
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