Legal Opinion

Tisdale v. Prather

Supreme Court of Missouri

Decided March 17, 1908PublishedCited by 6 opinions

•Appeal from Chariton Circuit Court. — Ro». Jno. P. Butler, Judge. (1) In construing this will all of its provisions should he taken together and effect given to every clause of it, and the words so used construed as to meet as near as possible the intention of the testator.

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•Appeal from Chariton Circuit Court. — Ro». Jno. P. Butler, Judge. (1) In construing this will all of its provisions should he taken together and effect given to every clause of it, and the words so used construed as to meet as near as possible the intention of the testator. The first and last inquiry in the construction of a will is, what was the intention of the testator? Schorr v. Carter, 120 Mo. 409; Redman v. Barger, 118 Mo. 568; Small v. Field, 102 Mo. 104; Lewis v. Pitman, 101 Mo. 281; Munro v. Collins, 95 Mo. 33; Cross v. Hoch, 149 Mo. 325; Morrison v. Thistle, 67 Mo. 598; Harbison v.…

1Opinion of the Court

BURGESS, J. —

This is a controversy over the title to a tract of land in Chariton county, Missouri. The land in question was owned by George W. Temple, who died and left a will which was admitted to probate in the probate court of Chariton county June 13, 1871, the second clause of said will being as follows:

“Second. I give and bequeath'to my daughter, A. M. Tisdale, free from the debts and ..liabilities which may now exist against her husband, R. H. Tisdale, or which may be hereafter contracted by him, the following land situated in Chariton county, Missouri, to-wit: The east half of the…

2Cases cited16 opinions

  1. Jackson v. SebringNew York Supreme Court · 1819
  2. Hall v. StephensSupreme Court of Missouri · 1877
  3. Grace v. PerrySupreme Court of Missouri · 1906
  4. Chew v. KellerSupreme Court of Missouri · 1889
  5. Lewis v. PitmanSupreme Court of Missouri · 1890

11 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Housman v. LewellenSupreme Court of Missouri · 1951
  2. Wiegand v. WoernerMissouri Court of Appeals · 1911
  3. Chapman v. ChapmanSupreme Court of Missouri · 1934
  4. Mitchell v. Morrisville CollegeSupreme Court of Missouri · 1924
  5. Van Every v. McKaySupreme Court of Missouri · 1932

1 more not listed; retrieve them via the Exa API.

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