Mueller v. Buenger
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.— Hon. John W. McElhmney, Judge. A will speaks not from the time of its execution, but from the date of the testator’s death. . It therefore passes title to property acquired after its execution, unless, from the terms of the will itself, by fair construetion, it indicates otherwise. Liggat v. Hart, 23 Mo. 127; Webb v. Archibald, 128 Mo. 299 ; Haley v. Grate-wood, 74 Tex. 281; Strevens v. Bagley, 8 Ir. Law Rep.
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Appeal from St. Louis County Circuit Court.— Hon. John W. McElhmney, Judge. A will speaks not from the time of its execution, but from the date of the testator’s death. . It therefore passes title to property acquired after its execution, unless, from the terms of the will itself, by fair construetion, it indicates otherwise. Liggat v. Hart, 23 Mo. 127; Webb v. Archibald, 128 Mo. 299 ; Haley v. Grate-wood, 74 Tex. 281; Strevens v. Bagley, 8 Ir. Law Rep. (1) A will for some purposes will speak from the date of its execution, though for certain other purposes from date of testator’s death,…
1Opinion of the CourtMarshall, J.
This is an action under section 650, Revised Statutes 1899, to determine the interests of the parties, under the will of William Buenger, to fifty-three arpens of land in St. Louis county.
The plaintiff claims title to the whole of the land, except an undivided one twenty-fourth thereof which is vested in the heirs- of Ann T. Hume, and the defendant claims that the plaintiff is only entitled to an undivided one-half of the land, and that she is entitled to a life estate in the other half thereof, with remainder to Annie Holtman, her child by her first marriage, and in the event of her death…
2Cases cited7 opinions
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Liggat v. HartSupreme Court of Missouri · 1856
- Warner's Executors v. SwearingenCourt of Appeals of Kentucky · 1838
- Applegate v. SmithSupreme Court of Missouri · 1860
- Webb v. ArchibaldSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926
- Wimp v. CollettSupreme Court of Missouri · 1967
- Coon v. CoonIndiana Supreme Court · 1918
- First Nat. Bank v. Cross NapperLouisiana Court of Appeal · 1934
- Neagle v. JohnsonDistrict Court, E.D. Missouri · 1966
1 more not listed; retrieve them via the Exa API.