Martin v. Thompson
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The intent of the testatrix must govern if it clearly appears from the language of the will. Sec. 583, R. S. 1909; Finley v. King, 3 Pet. 346; Sanitarium v. McCune, 112 Mo. App. 337. (2) The law was then and is now that the bequests of shares of stock which were owned by the testatrix are specific legacies. . Waters v. Hatch, 181 Mo. 262; Sanitarium v. McCune, 112 Mo.
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Appeal from. St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The intent of the testatrix must govern if it clearly appears from the language of the will. Sec. 583, R. S. 1909; Finley v. King, 3 Pet. 346; Sanitarium v. McCune, 112 Mo. App. 337. (2) The law was then and is now that the bequests of shares of stock which were owned by the testatrix are specific legacies. . Waters v. Hatch, 181 Mo. 262; Sanitarium v. McCune, 112 Mo. App. 332; White v. Winchester, 6 Pick. (Mass.) 48; Drake v. True, 72 N. H. 322.; Lewis v. Sedgwick, 223 111. 213; Trust Co. v. Powell, 29 Ind. App.…
1Opinion of the Court
RAILEY, C.
On January 11, 1912, appellants, Martha Norris Martin, Elizabeth Norris Nelson, Jennie Norris Angloch, Mary M. Norris, Mary M. May and Albert W. Wallace, filed in the probate court of the city of St. Louis their petition, against respondents, as executors of the estate of Mathilda A. Largue, deceased, reciting therein that they were the respective owners of the shares of stock mentioned in paragraphs three, four and seven of the will of Mrs. Largue, hereafter set out in full (318 shares), and alleging that since her death on October 12, 1909, all dividends declared by the National…
2Cases cited18 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Tifft v. . PorterNew York Court of Appeals · 1853
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Thayer v. PauldingMassachusetts Supreme Judicial Court · 1908
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
- In Re Parker's EstateDistrict Court of Appeal of Florida · 1959
- In Re Mandelle's EstateMichigan Supreme Court · 1930
- Warner v. BaylorSupreme Court of Virginia · 1964
- Adams v. Conqueror Trust Co.Supreme Court of Missouri · 1949
9 more not listed; retrieve them via the Exa API.