Ross v. First Presbyterian Church
Supreme Court of Missouri
Appeal from Cedar Circuit Court. — Hon. C. H. Shinker, Judge. (1) The will of Hugh Ross is an instrument inoperative and void as to passing any interest in the real estate in controversy to the defendant claimant, the First Presbyterian Church of Stockton, (a) • The will of Hugh F. Ross bears date February 10, 1860, and was admitted to probate March 31, 1860. The First Presbyterian Church of Stockton was not created or in existence, until November 20, 1903, -that is, it was…
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Appeal from Cedar Circuit Court. — Hon. C. H. Shinker, Judge. (1) The will of Hugh Ross is an instrument inoperative and void as to passing any interest in the real estate in controversy to the defendant claimant, the First Presbyterian Church of Stockton, (a) • The will of Hugh F. Ross bears date February 10, 1860, and was admitted to probate March 31, 1860. The First Presbyterian Church of Stockton was not created or in existence, until November 20, 1903, -that is, it was not in legal existence until about forty-four years after the will- was executed. Douthitt v. Stinson, 63 Mo. 268. (b)…
1Opinion of the CourtWalker, P. J.
This suit was commenced in the circuit court of Cedar County under the provisions of Section 2535, Revised Statutes 1909, to ascertain and determine title to the land described in the petition. The defendant the Presbyterian Church of Stockton answered denying that the plaintiff; or its co-defendants, the Wassons, had any interest in the land, and by cross petition alleged that under the will of one Hugh F. Ross it became the residuary legatee of said Ross and prayed that the court appoint a special trustee or master in chancery to sell the land and pay over the proceeds to the trustee of…
2Cases cited5 opinions
- Turner v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- McMurtry v. FairleySupreme Court of Missouri · 1906
- Boothe v. Stephen M.Supreme Court of Missouri · 1913
- Potter v. LongSupreme Court of Missouri · 1909
- Charles v. PickensSupreme Court of Missouri · 1908
3Cited by12 opinions
- Dunn v. VinyardTexas Commission of Appeals · 1923
- Schee v. BooneSupreme Court of Missouri · 1922
- Turner v. HineSupreme Court of Missouri · 1923
- Barringer v. RayNevada Supreme Court · 1956
- Crooks v. LooseCourt of Appeals for the Eighth Circuit · 1929
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