McCoy v. Bradbury
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. J. D.Perkins, Judge. . (1) The court should have admitted the testimony of the witness Allen McReynolds, because where there is a patent ambiguity on the face" of a will as in this case, parol evidence is competent to explain it. Willard v. Darrah, 168 Mo-. 660; Creasy v. Alverson, 43 Mo. 13; Rigg’s v. Myers, 20 Mo. 239; McMahon y.
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Appeal from Jasper Circuit Court. — Hon. J. D.Perkins, Judge. . (1) The court should have admitted the testimony of the witness Allen McReynolds, because where there is a patent ambiguity on the face" of a will as in this case, parol evidence is competent to explain it. Willard v. Darrah, 168 Mo-. 660; Creasy v. Alverson, 43 Mo. 13; Rigg’s v. Myers, 20 Mo. 239; McMahon y. Hubbard, 217 Mo. 624, 118 S. W. 481; Griffith v. Witten, 252 Mo. 627; 161 S. W. 709; Gordon v. Burns, 141 Mo. 602; Mudd v. Cunningham, 181 S. W. 386; 40 Cyc. 1436; (2) The court erred in holding that J. N. Bradbury died…
1Opinion of the Court
Plaintiff, claiming an undivided one-eighth interest in two hundred and forty acres of land in Jasper County, of which her father, J.N. Bradbury, died seized on the ____ day of ____, 1917, sues for partition. Bradbury left surviving him one son and seven daughters as follows: defendant Walter Bradbury, plaintiff Bessie McCoy, Clara Bradbury, Birdie Leaming, Della Bradbury, Daisy Bradbury, Alphah Bradbury and Nina Bradbury. His will was duly admitted to probate. The part of it relevant to this controversy is as follows:
"Second. I wish and desire that my beloved wife, Alice Bradbury, during her…
2Cases cited3 opinions
- Riggs v. MyersSupreme Court of Missouri · 1855
- Willard v. DarrahSupreme Court of Missouri · 1902
- Pounds v. DaleSupreme Court of Missouri · 1871
3Cited by21 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Wadsworth v. BrighamOregon Supreme Court · 1927
- In Re Estate of LepleySupreme Court of Iowa · 1945
- Bond v. RileySupreme Court of Missouri · 1927
- St. Louis Union Trust Co. v. KernSupreme Court of Missouri · 1940
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