Records v. Fields
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. "When property is given by a will to the “heirs” of certain designated persons, in such manner as to leave it doubtful as to whom, or in what proportions, the property should go, the persons who take and the portions taken, should be determined by the statute of distributions.
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Appeal from Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. "When property is given by a will to the “heirs” of certain designated persons, in such manner as to leave it doubtful as to whom, or in what proportions, the property should go, the persons who take and the portions taken, should be determined by the statute of distributions. Schouler on Wills, sec. 538; Dagget v. Slack, 8 Mete. 450; Balcom v. Haynes, 14 Allen 204; Rand v. Sanger, 115 Mass. 124; Boskins’ Appeal, 3 Pa. 304; Hock’s Estate, 154 Pa. St. 417; Ashburne’s Estate, 159 Pa. St 545; In Sco'tt’s Estate, 163 Pa. St.…
1Opinion of the CourtGantt, C. J.
This is an application by the executor of E. R. Eields to the circuit court of Jackson county to *318construe the third clause of the last will and testament of F. R. Fields, which is as follows: “The balance of my property and money, I want equally divided between the heirs of "William Fields and James Fields, deceased.”
All of the heirs of William and James Fields having been brought into court, the cause was heard upon the following agreed statement of facts:
The testator F. R. Fields died in Jackson county, Missuri, on March 6, 1896, and his will was duly probated in the probate court of said…
2Cases cited6 opinions
- Walker v. Griffin's HeirsSupreme Court of the United States · 1826
- Preston v. BrantSupreme Court of Missouri · 1888
- Ross' Ex'r v. KigerWest Virginia Supreme Court · 1896
- Ihrie's EstateSupreme Court of Pennsylvania · 1894
- Barnum v. BarnumSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Wooley v. HaysSupreme Court of Missouri · 1920
- St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
- Crowson v. CrowsonSupreme Court of Missouri · 1929
- First Trust Company v. MyersSupreme Court of Missouri · 1943
13 more not listed; retrieve them via the Exa API.