Riggs v. Myers
Supreme Court of Missouri
•Appeal from Holl Circuit Court. This was a suit brought by a portion of the heirs at law orT George Stewart, deceased, for a partition of the south-east andi south-west quarters of section four, in township fifty-nineJ range thirty-eight, in Holt county, Missouri,^ to which the said George Stewart was alleged to have died intestate.
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•Appeal from Holl Circuit Court. This was a suit brought by a portion of the heirs at law orT George Stewart, deceased, for a partition of the south-east andi south-west quarters of section four, in township fifty-nineJ range thirty-eight, in Holt county, Missouri,^ to which the said George Stewart was alleged to have died intestate. The defendantsftlaimed that George Stewart, by his last will, devised the whojn of said land to Mary, James and George W. Stewart, from whom they had purchased. The only provisions in the will of George Stewart material to this case are the following : 1. It is…
1Opinion of the CourtScott, Judge
1. This is a plain case. The application of the undoubted rules as to the admission of extrinsic evidence in the interpretation of wills, places the matter in a clear light. One of the rules referred to is this : that, for the purpose of determining the object of a testator’s bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and the property which is claimed as the subject of disposition, and to the circumstances of the testator,…
2Cited by26 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Pate v. BushongIndiana Supreme Court · 1903
- McMahan v. HubbardSupreme Court of Missouri · 1909
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