Howe v. Wilson
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — IIoN. Gr. W. Ltjbkb, Judge. (1) The two counts were properly united in the petition. R. S.. sec. 3512 ; Henderson v. Dickey, 50 Mo. 161; Jones v. Hickman, 42 Mo. 413. (2) The trust, attempted to be created by the will, being so vague and uncertain that the cestui . que trust cannot be defined and accurately determined, the bequest must fail and the property revert to the next of kin.
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Appeal from 81. Louis City Circuit Court. — IIoN. Gr. W. Ltjbkb, Judge. (1) The two counts were properly united in the petition. R. S.. sec. 3512 ; Henderson v. Dickey, 50 Mo. 161; Jones v. Hickman, 42 Mo. 413. (2) The trust, attempted to be created by the will, being so vague and uncertain that the cestui . que trust cannot be defined and accurately determined, the bequest must fail and the property revert to the next of kin. Schmucker v. Reel, 61 Mo. 599 ; Heiss ■». Murphy, 40 Wis. 276 ; Churcli v. White's Arlrrir, 4 Am. Law Reg. (o. s.) 526; Beekman «. Bonsor, 23 N. Y. 310 ; Bascom v.…
1Opinion of the CourtBlack, J.
The petition in this case contains two counts. The first is an action at law to contest the validity of the will of James W. Handfield. On this count there was a trial, which resulted in a judgment sustaining the will. The second count is in the nature of a bill in equity, to have á clause of the will declared void for uncertainty. A demurrer to this count was sustained, and, to reverse the judgment sustaining the demurrer and dismissing the petition, the plaintiff sued out this writ of error.
From the petition it appears that the plaintiff is the only heir of Elizabeth Handfield, who died in…
2Cases cited6 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Schmucker's Estate v. ReelSupreme Court of Missouri · 1876
- Schmidt v. HessSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Mississippi Valley Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- St. James Orphan Asylum v. ShelbyNebraska Supreme Court · 1900
- Hadley v. ForseeSupreme Court of Missouri · 1907
- Clayton v. HallettSupreme Court of Colorado · 1902
18 more not listed; retrieve them via the Exa API.