Rubey v. Barnett
Supreme Court of Missouri
APPEAL FROM MONROE CIRCUIT COURT. 1st. There is no misjoinder of action in this case, because the will affects alike all the property, real and personal. Story, Eq. PI., 224 232. 2d. There is no misjoinder of parties. The complainants claim a joint undivided interest in the whole subject matter of the suit, as well in the land as in the personalty, and they claim all under the same title.
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APPEAL FROM MONROE CIRCUIT COURT. 1st. There is no misjoinder of action in this case, because the will affects alike all the property, real and personal. Story, Eq. PI., 224 232. 2d. There is no misjoinder of parties. The complainants claim a joint undivided interest in the whole subject matter of the suit, as well in the land as in the personalty, and they claim all under the same title. The interest of one cannot be settled and decreed without ascertaining the interest of the other. Story, Eq. PI. 74, 77, 107, 109. 3d. The cause of action is not barred by the statute of limitation. The bill…
1Opinion of the CourtScott, Judge
William Horn being seized and possessed of a large real and personal *6estate, consisting of lands-, slaves, money, evidences of debt and other property, having no children, made the following will: “First, my will is, that my beloved wife, Polly Horn, have all my estate, both real and personal, so long as she may live : secondly, my will is, that my wife dispose of all said estate as she may think most advisable at her death. I do hereby appoint my beloved wile, Polly Horn, sole executor of this my last will, and it is my will for her not to give security as my executor.” During the year 1833,…
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