Nelson v. Wyan
Supreme Court of Missouri
Error to Cooper Circuit Court. Bill in chancery, filed in 1847, by a portion of the heirs of Jacob Wyan, deceased, against the other heirs and executors, for a partition of the real estate and a distribution of the personal assets belonging to the estate. Jacob Wyan died in the spring of 1842, leaying six children, to some of whom he had made advancements during his life.
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Error to Cooper Circuit Court. Bill in chancery, filed in 1847, by a portion of the heirs of Jacob Wyan, deceased, against the other heirs and executors, for a partition of the real estate and a distribution of the personal assets belonging to the estate. Jacob Wyan died in the spring of 1842, leaying six children, to some of whom he had made advancements during his life. In his last will, he made specific devises of land to each of his children, and to two of them a bequest of $2000, to be taken out of the stock of a firm of which he was a member at the time of his death. The will then…
1Opinion of the CourtScott, Judge
1. This was a bill in chancery, commenced under the former system of practice. From the contents of the bill, it may be gathered that its chief aim was to obtain a partition of the real estate of Jacob Wyan, deceased, among his heirs. Such being its end, we are surprised that the plaintiffs in error should per*351sist in the statement, that the most valuable portions of the:real estate had been sold, under the authority of the will, by thé,.ex-ecutors. It may be, and is probable, that the case has altogether outgrown the pleadings, and that it is now in a very different situation from that which…
2Cases cited1 opinion
- Barclay v. Hendrick's HeirsCourt of Appeals of Kentucky · 1835
3Cited by4 opinions
- Hines v. HinesSupreme Court of Missouri · 1912
- Ray v. LoperSupreme Court of Missouri · 1877
- Hanssen v. KarbeMissouri Court of Appeals · 1938
- In re the Judicial Settlement of the Accounts of KeenanNew York Surrogate's Court · 1895