Legal Opinion

State ex rel. Haines v. Tolson

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 9 opinions

Appeal from. Howard, Circuit Court. — Hon. GL H. Burckhartt, Judge. 1. There,is no repugnancy between the clause in the will giving the residue of the estate to Margaret Shannié Page, and the subsequent one providing that upon her death, without issue, the estate should descend and go to . "William and Nathan Haines. ’ Norris v. Beyea, 13 N. Y. • 273; Tyson v. Blake, 22 N. Y. 558. 2. It is now well settled that an interest in personal property can be created after a life…

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Appeal from. Howard, Circuit Court. — Hon. GL H. Burckhartt, Judge. 1. There,is no repugnancy between the clause in the will giving the residue of the estate to Margaret Shannié Page, and the subsequent one providing that upon her death, without issue, the estate should descend and go to . "William and Nathan Haines. ’ Norris v. Beyea, 13 N. Y. • 273; Tyson v. Blake, 22 N. Y. 558. 2. It is now well settled that an interest in personal property can be created after a life estate. 2 Kent Com., 352, and the cases cited above. Under onr statute, (§ 3942,) first enacted in 1845, the words “ dying…

1Opinion of the CourtHough, J.

This action is upon the bond of Joseph Tolson, as administrator de bonis non,with the will annexed, of the estate of John McDonald, deceased, for an alleged failure to pay' over to relators the amount found in his hands on his final settlement, which they claim as contingent legatees under the will of said McDonald, who died testate in 1873, in Howard county, Missouri. The will was probated April 14th, 1873, and William Gr. Edwards, who was named as executor, qualified and commenced the administration, and afterward died. February 14th, 1875, Tolson was appointed, and received $2,655.56 as…

2Cases cited3 opinions

  1. Rubey v. BarnettSupreme Court of Missouri · 1848
  2. Allen v. ClaybrookSupreme Court of Missouri · 1874
  3. Chism's Administrator v. WilliamsSupreme Court of Missouri · 1860

3Cited by9 opinions

  1. Munro v. CollinsSupreme Court of Missouri · 1888
  2. Gibson v. GibsonSupreme Court of Missouri · 1912
  3. Walton v. DrumtraSupreme Court of Missouri · 1899
  4. Marriage of Penney v. WhiteMissouri Court of Appeals · 1980
  5. Wead v. GraySupreme Court of Missouri · 1883

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