Turpin v. Turpin
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. James M. ■ Davis, Judge. . (1) The court should not' have made a partition in ' contravention of the will. 62 Mo. 364. (2) Nancy Robertson’s share under the will could only be ascertained (by an appraisement of the whole estate.
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Appeal from Carroll Circuit Court. — Hon. James M. ■ Davis, Judge. . (1) The court should not' have made a partition in ' contravention of the will. 62 Mo. 364. (2) Nancy Robertson’s share under the will could only be ascertained (by an appraisement of the whole estate. When this •was done and the appraisement disclosed the fact that her share of the estate exceeded five thousand dollars, then, eo instanti, she and her children by the terms of the will, were invested with the whole of the Saline county lands. (3) That part of the order of the court which requires the executors to sell the…
1Opinion of the CourtBlack, J.
This a proceeding between the devisees of Jeremiah Turpin for the partition of real estate. The testator gave his property, real and personal, to his wife, who was dead at the institution of this suit, for life, then to his seven children in equal parts, charging his son Frank with an advancement of three thousand dollars, and constituting two of his sons trustees for Nancy Robertson as to her share. By the codicil, Nancy is to have certain lands in Saline county at a valuation of five thousand dollars, if her share equals that amount, and if not, then that part thereof west of the road at…
2Cases cited1 opinion
- Marshall v. RenchCourt of Chancery of Delaware · 1868
3Cited by13 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Gilmore v. JenkinsSupreme Court of Iowa · 1906
- Kragnes v. KragnesSupreme Court of Minnesota · 1914
- Estate of WilliamsMissouri Court of Appeals · 1895
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