State Ex Rel. Ashauer v. Hostetter

This ease is in certiorari to quash the record and opinion by the St. Louis Court of Appeals in Peer v. Ashauer, 102 S. W. (2d) 764. The term relator, instead of relatrix, is used for the most part in the pleadings and briefs and we use it here. The Peer ease was to construe the will of Charles Ashauer, deceased, and to partition. It is claimed by relator that respondents’ opinion, construing said will, is in conflict with the latest controlling decisions of this court in two respects. First, it is contended that the ruling that clause 4 of the will should be construed to devise to relator…