Reinders v. Koppelman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Amos M. Thayer, Judge. An adopted son is “the nearest and lawful” lieir of the adoptive mother. Reinders v. Koppelman, 68 Mo. 500; In re Clements, 78 Mo. 354; Sewell v. Roberts, 115 Mass. 262; R. S., secs. 599, 600, 601. (1) The intention of the testator expressed in his will and fairly drawn from it must govern, if not contrary to the rules of law.
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Appeal from St. Louis City Circuit Court. — Hon. Amos M. Thayer, Judge. An adopted son is “the nearest and lawful” lieir of the adoptive mother. Reinders v. Koppelman, 68 Mo. 500; In re Clements, 78 Mo. 354; Sewell v. Roberts, 115 Mass. 262; R. S., secs. 599, 600, 601. (1) The intention of the testator expressed in his will and fairly drawn from it must govern, if not contrary to the rules of law. Austin v. Taylor, Ambler, 376; Laly v. James, 8 Wheaton, 495, 507. To ascertain the intention, the whole will must be taken together. WrigM v. Brotherton, 2 Rawle, 133. (2) In ascertaining the…
1Opinion of the CourtBrace, J.
Appeal from a decree of the circuit court of the city of St Louis in a suit for partition of certain real estate of which one John H. Koppelman died seized.
The question for consideration arises upon the construction of the fourth item in the will of said Koppel-man, dated May 7, 1869, the second,, third, and fourth items of which are as follows :
£ £ Second. I hereby give and bequeath to my beloved wife, Anna Koppelman, all my estate, real, personal,, and mixed, for and during her lifetime.
“Third. The foregoing bequest is made under the express proviso that my said wife will be a mother indeed…
2Cases cited4 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- In re ClementsSupreme Court of Missouri · 1883
- Dugans v. LivingstonSupreme Court of Missouri · 1851
3Cited by27 opinions
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Mooney v. TollesSupreme Court of Connecticut · 1930
- Clarkson v. HattonSupreme Court of Missouri · 1898
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