Pounds v. Dale
Supreme Court of Missouri
Appeal from Third District Court. This suit was brought by plaintiff by virtue of her rights under the general law of descents and distributions. Judgmént in the lower court was for plaintiff, and was affirmed in the District Court.
Read the full summary
Appeal from Third District Court. This suit was brought by plaintiff by virtue of her rights under the general law of descents and distributions. Judgmént in the lower court was for plaintiff, and was affirmed in the District Court. In Massachusetts and New Hampshire, where statutes similar to our own existed, the courts invariably held that if it appeared from the will, or from any part of it, or by just inference it was presumable, that a child not named in the will of his parent was not unknown to or forgotten by the testator, but was before the mind of the testator when the will was made,…
1Opinion of the Court
Bliss, Judge,
delivered tbe opinion of tbe court.
Margaret Pounds is tbe daughter of Oliver Brock, deceased, and claims that, as to her, be died intestate, from tbe fact that she was not mentioned in bis will. She and her husband therefore bring ejectment to recover certain real estate of which said Brock died seized, and which was purchased by defendant of bis devisee. Tbe language of tbe will is as follows:
*272“ After paying my funeral expenses and expenses of my sickness, I wish one hundred and forty dollars paid to my son William, it being borrowed money; also I wish one hundred dollars paid to…
2Cases cited2 opinions
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- McCourtney v. MathesSupreme Court of Missouri · 1871
3Cited by18 opinions
- In re the Estate of StevensCalifornia Supreme Court · 1890
- Wadsworth v. BrighamOregon Supreme Court · 1927
- Bower v. BowerWashington Supreme Court · 1892
- McCoy v. BradburySupreme Court of Missouri · 1921
- Newman v. WatermanWisconsin Supreme Court · 1885
13 more not listed; retrieve them via the Exa API.