Alexander v. Alexander
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. H. J. Broaddus, Judge. (1) The devise to S. L. Alexander was conditional. “No precise form of words is necessary in order to create conditions in wills; any expression disclosing the intention will have that effect.
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Appeal from Livingston Circuit Court. — Hon. H. J. Broaddus, Judge. (1) The devise to S. L. Alexander was conditional. “No precise form of words is necessary in order to create conditions in wills; any expression disclosing the intention will have that effect. Thus ‘a devise to A., he paying, or he to pay $500 within one month after my decease/ would be a condition for breach of which the heir might enter, unless the property were given over in default by way of ex-ecutory devise.” 1 Jarman on Wills, p. 797; Thomas v. Kelly, 16 Am. Eep.,718; Einley v. Hunter, 2 Strobh’s Eq. 212; Eicbardson v.…
1Opinion of the CourtBurgess, J.
This is an action for the construction of the will of S. A. Alexander deceased, that plaintiffs be decreed the owners of a certain tract of land in the petition described, for damages for the detention of the same, and its restoration to plaintiffs.
On March 8, 1890, S. A. Alexander died leaving a will which reads as follows:
“I, S. A. Alexander, of the township of Grand River, county of Livingston, and State of Missouri, being of sound mind and memory and understanding, do make my last will and testament in manner and form following:
“1. I give and bequeath to my wife, Mary C. Alexander, the…
2Cases cited6 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Burnham v. BurnhamWisconsin Supreme Court · 1891
- Noe v. KernSupreme Court of Missouri · 1887
- Schorr v. CarterSupreme Court of Missouri · 1894
- Burnett v. StrongMississippi Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Galbraith v. PenningtonMissouri Court of Appeals · 1914
- Gerke v. Citizens State BankIndiana Court of Appeals · 1919
- Lucas v. ScottCourt of Appeals for the Ninth Circuit · 1917
- Wood v. OgdenMissouri Court of Appeals · 1906
- Friesz v. Friesz.Supreme Court of Missouri · 1939
5 more not listed; retrieve them via the Exa API.