Foote v. Sanders
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — IIon. Jos. P. Grubb, Judge. 1. The testator charged his wife with the payment of his debts and committed to her care and charge the rearing, as she thought proper, of their six infant children. It is not reasonable to conclude that he would impose these important charges upon her without providing any fund or means except a life estate in his property. The imposition of these charges raises a power to sell.
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Appeal from Buchanan Circuit Court. — IIon. Jos. P. Grubb, Judge. 1. The testator charged his wife with the payment of his debts and committed to her care and charge the rearing, as she thought proper, of their six infant children. It is not reasonable to conclude that he would impose these important charges upon her without providing any fund or means except a life estate in his property. The imposition of these charges raises a power to sell. Jackson v. Martin, 18 John. 30; Jackson v. Bull, 10 John. 148; 2 "Wend. 14; Jackson v. Merrill, 6 John. 185; Schermerhorne v. Schermerhorne, 6 John.…
1Opinion of the CourtHenry, J.
This suit was instituted to quiet title to to certain real estate in Andrew county, Missouri. The plaintiffs are children and heirs of one James 0. Hunt, deceased, and the defendants claim the land under a conveyance made by Diana A. Hunt, his widow, to one Abbott.
The controversy alises on the construction of the will of said James 0. Hunt, who died in the state of North Carolina, seized of the land in this State, which is in litigation in this suit. The will was as follows :
In the name of God, amen. I, James 0. Hunt, being weak in body, but of sound mind, do make this my last will and…
2Cases cited11 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Green v. HewittIllinois Supreme Court · 1880
- Ramsdell v. RamsdellSupreme Judicial Court of Maine · 1842
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3Cited by11 opinions
- Munro v. CollinsSupreme Court of Missouri · 1888
- Bramell v. ColeSupreme Court of Missouri · 1896
- Foote v. ClarkSupreme Court of Missouri · 1890
- Young v. HillierSupreme Judicial Court of Maine · 1907
- Wead v. GraySupreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.