Proctor v. Board of Trustees of Methodist Episcopal Church
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There is no dispute as to the execution of the will in question, nor that Asa J. Fender was capable of disposing of his property by will, nor is it contended that there is any doubt or obscurity as to the intention of the testator, as expressed in the will. Having discovered the intention of the testator it is the duty of the courts to carry the same into effect.
Read the full summary
Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There is no dispute as to the execution of the will in question, nor that Asa J. Fender was capable of disposing of his property by will, nor is it contended that there is any doubt or obscurity as to the intention of the testator, as expressed in the will. Having discovered the intention of the testator it is the duty of the courts to carry the same into effect. Cross v. Hoeh, 149 Mo. 325; Redman v. Barger, 118 Mo. 568; Turner v. Timberlahe, 53 Mo. 371; Preston v. Brant, 96 Mo. 552; Chew v. Keller, 100 Mo. 362; Roberts v. Crume,…
1Opinion of the CourtFox, J.
This action originated and was tried in the circuit court of Polk county, and is now pending in this court upon appeal from a judgment rendered in favor of plaintiffs. The action was instituted by Rebecca J. Proctor, widow of Asa J. Fender, and the brothers and sisters of said Fender, they being his sole heirs at law. It has for its purpose the construction of certain clauses of the will of said Asa J. Fender, and for partition of the real estate described in the petition.
The defendant, The Board of Trustees of the Methodist Episcopal Church, South, is a corporation organized under the laws…
2Cases cited8 opinions
- Catholic Church v. TobbeinSupreme Court of Missouri · 1884
- Smith v. BaerSupreme Court of Missouri · 1902
- St. George's Church Society v. BranchSupreme Court of Missouri · 1894
- North St. Louis Christian Church v. McGowanSupreme Court of Missouri · 1876
- In re St. Louis Institute of Christian ScienceMissouri Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Evangelical Lutheran Synod v. HoehnSupreme Court of Missouri · 1946
- Simler v. WilsonCourt of Appeals for the Tenth Circuit · 1954
- Wyatt v. Stillman InstituteSupreme Court of Missouri · 1924
- Society of the Helpers of the Holy Souls v. LawSupreme Court of Missouri · 1916
- Carlock v. Ladies Cemetery AssociationSupreme Court of Missouri · 1958
5 more not listed; retrieve them via the Exa API.