Settle v. Shafer
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) The passing of an absolute interest in personalty is favored.
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Appeal from Randolph Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) The passing of an absolute interest in personalty is favored. “Although a life estate may be lawfully created in personal property, it is clear that the rule which favors the vesting of absolute estates in real property under a general devise, applies with additional force to bequests, and that where a reasonable construction of all the terms of a will discloses no contrary intention, an absolute interest passes to the legatee.” Page on Wills, par. 597, p. 687; Gardner on Wills, sec. 127, p. 482; 30 Am. and Eng. Ency.…
1Opinion of the CourtGantt, P. J.
— This is a suit brought in the circuit court of Bandolph county by three daughters of Philip Shafer, deceased, against the widow and two other children of said Shafer, for a construction of his last will and testament.
Philip Shafer was married three times; the defendant Mary Wise was the only child of his first marriage; plaintiffs and the defendant Sarah Davis were children by the second marriage, and there were no children by the last marriage.
In 1869 Shafer was divorced in Iowa from his second wife and after the divorce she resided with her daughters until her death in 1905. After his…
2Cases cited3 opinions
- Small v. FieldSupreme Court of Missouri · 1890
- McMillan v. FarrowSupreme Court of Missouri · 1897
- Balliett v. VealSupreme Court of Missouri · 1897
3Cited by6 opinions
- Cornet v. CornetSupreme Court of Missouri · 1913
- First Trust Company v. MyersSupreme Court of Missouri · 1943
- Gannett v. ShepleySupreme Court of Missouri · 1943
- Gunn v. YanceyMissouri Court of Appeals · 1931
- State ex rel. Gordon v. McVeighMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.