Legal Opinion

Cox v. Cox

Supreme Court of Missouri

Decided April 15, 1890PublishedCited by 23 opinions

Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) Tke will was not properly attested and must be vacated. 1 Kent, pp. 461, 462, 463 and 464. (2) Thomas Cox, the sou of John B. Cox, deceased, is not named in or provided for by the will, and as to him his father died intestate. R. S. 1879, sec. 3969. (3) If it be held that naming is not necessary, still it must affirmatively appear from inspection of the will that Thos.

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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) Tke will was not properly attested and must be vacated. 1 Kent, pp. 461, 462, 463 and 464. (2) Thomas Cox, the sou of John B. Cox, deceased, is not named in or provided for by the will, and as to him his father died intestate. R. S. 1879, sec. 3969. (3) If it be held that naming is not necessary, still it must affirmatively appear from inspection of the will that Thos. E. Cox was in the mind of the testator and was intentionally excluded, and not accidentally omitted. WetJierall r. Harris, 51 Mo. 65; Pounds v. Hale, 48 Mo.…

1Opinion of the CourtBrace, J.

On the twenty-third of August, 1886, the following instrument of writing purporting to be the last will and testament of J. B. Cox, deceased, was admitted to probate in the probate court of Greene county:

*170“Springfield, Mo., August 19, 1886.
“Know all men by these presents that I, J. B. Cox, of Springfield, Missouri, do hereby state that I am a man of sound mind and in the full enjoyment of my full senses. I hereby bequeath to my grandchildren all my property hereinafter named, viz.: Namely, one hundred and twenty-one feet upon Campbell street, one hundred and ninety-six and one-half feet deep,…

2Cases cited1 opinion

  1. Kenrick v. ColeSupreme Court of Missouri · 1876

3Cited by23 opinions

  1. Lilly v. TobbeinSupreme Court of Missouri · 1890
  2. State Ex Rel. Siegel v. StrotherSupreme Court of Missouri · 1956
  3. Odom v. LangstonSupreme Court of Missouri · 1943
  4. Southworth v. SouthworthSupreme Court of Missouri · 1903
  5. Ewart v. DalbySupreme Court of Missouri · 1928

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