Sevier v. Woodson
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. J. W. Alexander, Judge. (1) The intended plan and scheme of the testator in devising and bequeathing his estate to and dividing it among the beneficiaries named in his will, including his design and'purpose for so giving his property to be held thereunder, will be effectuated, if such plan and scheme can be definitely determined therefrom, provided it violates no fixed rules of law; but in ascertaining his testamentary scheme, void as…
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Appeal from Ray Circuit Court. — Hon. J. W. Alexander, Judge. (1) The intended plan and scheme of the testator in devising and bequeathing his estate to and dividing it among the beneficiaries named in his will, including his design and'purpose for so giving his property to be held thereunder, will be effectuated, if such plan and scheme can be definitely determined therefrom, provided it violates no fixed rules of law; but in ascertaining his testamentary scheme, void as well as valid provisions of the will must be considered alike, for it is not to be presumed the testator knowingly…
1Opinion of the CourtGraves, J.
This is an action to construe the will of Thomas P. Woodson, instituted in the circuit court of Ray county, by Virginia E. Sevier, formerly Virginia E. Woodson, one of the devisees in said wall, and her husband. It becomes necessary to set out the whole will. This will is in words, as follows:
“In the Name of God, Amen:
“I, Thomas D. Woodson, of the city of Richmond, in the county of Ray and State of Missouri, being of sound and disposing mind and memory and in good health, but knowing the uncertainty of life and having an earnest desire to make disposition of my means and property to and among…
2Cases cited13 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Byrnes v. . StilwellNew York Court of Appeals · 1886
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3Cited by25 opinions
- Goode v. ReynoldsCourt of Appeals of Kentucky (pre-1976) · 1925
- Merkel v. Safeway Stores, Inc.New Jersey Superior Court Appellate Division · 1962
- Cornet v. CornetSupreme Court of Missouri · 1913
- Cox v. JonesSupreme Court of Missouri · 1910
- Blumer v. GillespieSupreme Court of Missouri · 1936
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