Owen v. Eaton
Missouri Court of Appeals
Appeal from the Jackson Circuit Coivrt. — Hon. R. H. Field, Judge. (1) The controlling guide in construing a will is to ascertain the intention of the testator, which intention must be gathered from the “four corners” of the instrument. Turner v. Timberlake, 53 Mo. 371; Allison, v. Cheney, 63 Mo. 279; Beinders v. Koppelman, 94 Mo. 338; Peters v. Carr, 16 Mo. 56; Cheto v. Keller, 100 Mo. 362; Boev. Kern, 93 Mo. 367; Snydamv. Shayer, 94 Mo. 49; 2 Jarman on Wills, 154; Peakv.
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Appeal from the Jackson Circuit Coivrt. — Hon. R. H. Field, Judge. (1) The controlling guide in construing a will is to ascertain the intention of the testator, which intention must be gathered from the “four corners” of the instrument. Turner v. Timberlake, 53 Mo. 371; Allison, v. Cheney, 63 Mo. 279; Beinders v. Koppelman, 94 Mo. 338; Peters v. Carr, 16 Mo. 56; Cheto v. Keller, 100 Mo. 362; Boev. Kern, 93 Mo. 367; Snydamv. Shayer, 94 Mo. 49; 2 Jarman on Wills, 154; Peakv. Jameson, 6 Mo. App. 590; Schumacher’s Estate v. Bed, 61 Mo. 592; Perry on Trusts [4Ed.], p. 351. (2) A vested remainder,…
1Opinion of the CourtEllison, J.
— This ease involves the. construction of the will of William Eaton, deceased, and was instituted by the executor,'as stated by the parties, for the purpose of obtaining a judicial construction thereof, the matter of contention relating, principally, to the third clause, which is as follows: 1 ‘Item third. — I also give and bequeath to my son Lanson Eaton all of my money, notes and stock, except said cow to my wife, after my debts and funeral expenses are paid, except the sum of $2,500 to be paid over to my executor hereinafter named; and it is my will that *566said executor shall loan said sum,…
2Cases cited10 opinions
- Moore v. SmithSupreme Court of Pennsylvania · 1840
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Chew v. KellerSupreme Court of Missouri · 1889
- DeLassus v. GatewoodSupreme Court of Missouri · 1880
- Rodney v. LandauSupreme Court of Missouri · 1891
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3Cited by5 opinions
- Knox College v. Jones Store Co.Supreme Court of Missouri · 1966
- Lynch v. Town of North ViewWest Virginia Supreme Court · 1914
- LaRoche v. LaRocheOhio Court of Appeals · 1917
- Riley v. KirkMissouri Court of Appeals · 1923
- Morris v. HallMissouri Court of Appeals · 1903