Missouri Baptist Sanitarium v. McCune
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Son. David S. Eby, Judge. (1) The court in construing a will, of the different items thereof, should give it such a construction that the property therein bequeathed would go to the parties that testatrix wanted and intended it should go.
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Appeal from Pike Circuit Court. — Son. David S. Eby, Judge. (1) The court in construing a will, of the different items thereof, should give it such a construction that the property therein bequeathed would go to the parties that testatrix wanted and intended it should go. Briant v. Garrison, 150 M'o. 655, 52 S. W. 361; Garth v. Garth, 139 Mo. 456, 465, 41 S. W. 238; Walton v. Drumtra, 152 Mo. 489, 54 S. W. 233; McMillan v. Farrow, 141 Mo. 55, 41 S. W. 890; Cross v. Hoch, 149 Mo. 325,' 50 S. W. 786; Thomas y. Thomas, 149 Mo. 426, 51 S. W. 111. (2) It is a reasonable construction of the will…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Appellant argues that under item two of the will, a bequest of the bank stock was made to it and the Orphans’ Home and that such bequest carried with it the dividends also', therefore, one-half of the dividends which were collected by the executor and turned by him into the corpus of the estate should be awarded to the Baptist Sanitarium, together with interest thereon since the date of their collection. This no doubt would be true under appellant’s assumption that item two of the will is a bequest of the bank stock. There is no doubt of the law in such case. “The…
2Cases cited13 opinions
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
- Hall v. StephensSupreme Court of Missouri · 1877
- Brundage v. . BrundageNew York Court of Appeals · 1875
- Cross v. HochSupreme Court of Missouri · 1899
- Lewis v. PitmanSupreme Court of Missouri · 1890
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3Cited by7 opinions
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- Crowson v. CrowsonSupreme Court of Missouri · 1929
- Fleischaker v. FleischakerMissouri Court of Appeals · 1934
- Schulz v. GarmanyTexas Commission of Appeals · 1927
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