Simpson v. Corder
Missouri Court of Appeals
Appeal from Washington Circuit Court. — Hon. E. M. Dearing, Judge. (1) A will must be construed according to the trne intention of the testator, and that intention must be gathered from within the four corners of the will and not from extrinsic evidence or testimony. Cross v. Hoch, 149 Mo. 325; Stewart v. Jones, 219 Mo. 614; Mead v. Jennings, 46 Mo. 91; Balcart v. Barkart, 86 Mo.
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Appeal from Washington Circuit Court. — Hon. E. M. Dearing, Judge. (1) A will must be construed according to the trne intention of the testator, and that intention must be gathered from within the four corners of the will and not from extrinsic evidence or testimony. Cross v. Hoch, 149 Mo. 325; Stewart v. Jones, 219 Mo. 614; Mead v. Jennings, 46 Mo. 91; Balcart v. Barkart, 86 Mo. App. 83; Murphy v. Carlin, 113 Mo. 112. (2) When courts of equity determine by decree, that a trust is created by the terms and provisions of a will, they will afford relief by inforcing the execution of the trust.…
1Opinion of the CourtReynolds, P. J.
This is a suit to construe the will of one Oscar Simpson, deceased. It is charged that • defendant Corder has wholly neglected and refused to care for, support and maintain plaintiff and still refuses to care for, support and maintain her, as provided under the terms of the will and that plaintiff is entitled to an annuity in the sum of $240 per annum, or the gross sum of $1142.40, for her interest in the estate, ‘ ‘ as under the table of mortality is made and provided. ” “Wherefore plaintiff prays the judgment of this court construing said last will and testament, and'for a judgment and…
2Cases cited8 opinions
- Cross v. HochSupreme Court of Missouri · 1899
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Schmucker's Estate v. ReelSupreme Court of Missouri · 1876
- Noe v. KernSupreme Court of Missouri · 1887
- Stewart v. JonesSupreme Court of Missouri · 1909
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3Cited by2 opinions
- Winkel v. StreicherSupreme Court of Missouri · 1956
- Winkel v. StreicherMissouri Court of Appeals · 1956