Clusky v. Burns
Supreme Court of Missouri
Error to Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The act of the general assembly of the state of Missouri, entitled “an act for the benefit of the estate of James T. Williams, deceased,” is void for the reason that it is in conflict with the constitution of the state of Missouri, and the constitution of the United States, in that it impairs the obligation of a contract by attempting to set at naught the will of James T. Williams by and through which plaintiffs…
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Error to Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The act of the general assembly of the state of Missouri, entitled “an act for the benefit of the estate of James T. Williams, deceased,” is void for the reason that it is in conflict with the constitution of the state of Missouri, and the constitution of the United States, in that it impairs the obligation of a contract by attempting to set at naught the will of James T. Williams by and through which plaintiffs derive title. Acts, 1849, p. 514; Constitution of Missouri, 1821, article 13, sec. 17; Constitution of the United…
1Opinion of the CourtMacbaklane, J.
This suit is ejectment to recover a parcel of real estate situate in the city of Springfield. The title to the property as shown by the evidence is as follows: James T. Williams died seized thereof in December 1846, leaving a will by which he bequeathed all his property to his wife and children, providing that his wife should have possession and control thereof, except as to certain property in Neosho which he directed should be sold, and the proceeds used in the payment of his debts, or invested. The will then provided that should it become necessary to sell property for the purpose of…
2Cases cited9 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Stewart v. GriffithSupreme Court of Missouri · 1862
- Thomas v. PullisSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Texas Co. v. HenrySupreme Court of Oklahoma · 1912
- Whittelsey v. ConniffSupreme Court of Missouri · 1916
- Arnold v. GarthU.S. Circuit Court for the District of Western Missouri · 1901
- Garth v. ArnoldCourt of Appeals for the Eighth Circuit · 1902