Cornelius v. Smith
Supreme Court of Missouri
Jlppeal from Buchanan Circuit Court. I. The language of the conveyance created a trust in Mrs. Campbell for the benefit of James R. Campbell if he should do certain things, and in the event of his failure, for the benefit of himself and the other heirs of James Campbell. James R. Campbell was spoken of as “an heir,” and the remaining beneficiaries are spoken of as the“other heirs.”
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Jlppeal from Buchanan Circuit Court. I. The language of the conveyance created a trust in Mrs. Campbell for the benefit of James R. Campbell if he should do certain things, and in the event of his failure, for the benefit of himself and the other heirs of James Campbell. James R. Campbell was spoken of as “an heir,” and the remaining beneficiaries are spoken of as the“other heirs.” This language clearly shows that the phrase “other heirs” meant heirs like, but others than himself. In the event of his failure to fulfill the conditions, he and the other heirs of James Campbell became joint…
1Opinion of the CourtAdams, Judge
This was an action in the nature of a bill in chancery for partition of a tract of land in Buchanan county. The case stands here on a demurrer to the plaintiffs’ second amended petition, which was sustained by the Circuit Court. The petition reads as follows:
“Plaintiffs, for their second amended petition, state that Elizabeth Cornelius, Martha Jane Bermond, James B. Campbell, Mary Ann Bapp and Margaret Campbell, are the sole surviving children and only heirs of James Campbell, deceased, who departed this life before the bringing of this suit, and that defendant, Margaret Smith is the widow of…
2Cited by2 opinions
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Harris v. HittMissouri Court of Appeals · 1894