Musser v. Musser
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon.- Frank P. Divelbiss, Judge. (1) The will, by its terms, refers to and provides that it shall be construed'under the laws of the State of Kansas. This reference and provision makes the law of Kansas as much a part of the will as though it had been inserted verbatim therein. Shulsky v. Shulsky, 98’ Kan. 69'; Chambers v. McDaniel, 28 N. C. 229; Vestry v. Bostwick, 8¡ App. B. C. 456; 40 Cyc. 1094, notes.
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Appeal from Clay Circuit Court. — Hon.- Frank P. Divelbiss, Judge. (1) The will, by its terms, refers to and provides that it shall be construed'under the laws of the State of Kansas. This reference and provision makes the law of Kansas as much a part of the will as though it had been inserted verbatim therein. Shulsky v. Shulsky, 98’ Kan. 69'; Chambers v. McDaniel, 28 N. C. 229; Vestry v. Bostwick, 8¡ App. B. C. 456; 40 Cyc. 1094, notes. (2) The trust sought to be created by the will is not a public charity, and is void on its face, under the laws of the State of Kansas, as being against the…
1Opinion of the CourtWalker, C. J.
This action was brought in the Circuit Court of Clay County to obtain a construction of the will of Benjamin Musser. ' A demurrer to the petition, which alleged that it did not state facts sufficient to .constitute a cause of action, was sustained. Refusing to plead further, a judgment was entered against the plaintiffs, who thereupon appealed to this court.
The property devised was located in Jewell County, Kansas. The will provided for the probating of same in that county and that it was to be construed under the laws of that State.
The petition alleged the invalidity of the will in that by…
2Cases cited26 opinions
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
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- Armendiaz v. de la SernaTexas Supreme Court · 1874
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