Hargadine v. Pulte
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action of ejectment to recover possession of a certain lot in the city of St. Louis.
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Error to St. Louis Land Court. This was an action of ejectment to recover possession of a certain lot in the city of St. Louis. Plaintiff claims title through the widow of one Philip A. Pulte, who died seized of the said premises in the year 1844. The said Pulte made a will devising his property as follows : “ I hereby grant, give and bequeath unto my beloved wife, Philipine Bernadine, all and singular my property and estate, real, personal and mixed, including as well all I possess at present as such as I may acquire hereafter; to have and to hold the same unto her, my said wife, as her own…
1Opinion of the CourtNapton, Judge
This case falls within the principles and reasoning of the case of Bradley v. Bradley, 24 Mo. 316. Where a testator declares his wife to be his sole heir, the implication of an exclusion of his children is just as strong as where the estate is given to the wife “ as her own and exclusive property, and to the exclusion of all and every person or persons, be the same relatives or not.” In truth, the multiplication of words in this last case rather weakens the force of the first clause, as the phrase “ relatives” might be very naturally understood as not embracing one’s children.
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2Cases cited1 opinion
- Bradley v. BradleySupreme Court of Missouri · 1857
3Cited by13 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- In Re Estate of TrickettCalifornia Supreme Court · 1925
- Estate of PriceCalifornia Court of Appeal · 1942
- Pearson v. PearsonCalifornia Supreme Court · 1873
- Smith v. SteenNew Mexico Supreme Court · 1915
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