Schmucker's Estate v. Reel
Supreme Court of Missouri
Jiff&al from, St. Louis Circuit Court. I. . This is an absolute bequest to John Reel. He can do as he pleases with the money. The expressions of the purposes of the gift are merely descriptive of the motive of the testator. (Redf. Wills, 712, 713,. and notes.) II. The word “minister” is always applied to a Protestant minister, never to a Catholic priest. The peculiar function of a Catholic priest is to say mass.
Read the full summary
Jiff&al from, St. Louis Circuit Court. I. . This is an absolute bequest to John Reel. He can do as he pleases with the money. The expressions of the purposes of the gift are merely descriptive of the motive of the testator. (Redf. Wills, 712, 713,. and notes.) II. The word “minister” is always applied to a Protestant minister, never to a Catholic priest. The peculiar function of a Catholic priest is to say mass. Nothing is said in the constitution about priests, or bequests or gifts to priests, or for masses. ■ Where the meaning of the constitutional clause is doubtful, the exercise of a…
1Opinion of the CourtWagner, Judge
The exceptions in this case arise wholly out of the ruling of the court below in holding certain provisions in the will of Leopold Schmucker void. The following are the portions of the will thus held to be void, and which now form the subject of controversy:
1st. “I give and bequeath to John H. Reel two hundred dollars, to be applied to a specific purpose which I have explained to him.
2d. I give and bequeath to John H. Reel the further sum of five hundred dollars for another and specific charitable purpose which he well understands.
3d. The balance of my property of every description, I give,…
2Cited by26 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Cross v. HochSupreme Court of Missouri · 1899
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Noe v. KernSupreme Court of Missouri · 1887
21 more not listed; retrieve them via the Exa API.