Edgar v. Emerson
Supreme Court of Missouri
Error to Iron Circuit Court.— Hon.-, Judge. (1) Sarah M. Emerson took only a life estate under the will of her husband. John W. Emerson, because the will clearly shows the intention of the testator was tp make provision for both his wife and his brother to enjoy this estate in turn, and when this is the case there may be a power of disposal in fee by the first taker, yet he has only the life estate.
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Error to Iron Circuit Court.— Hon.-, Judge. (1) Sarah M. Emerson took only a life estate under the will of her husband. John W. Emerson, because the will clearly shows the intention of the testator was tp make provision for both his wife and his brother to enjoy this estate in turn, and when this is the case there may be a power of disposal in fee by the first taker, yet he has only the life estate. Harbison v. James, 90 Mo. 411; Lewis v. Pitman, 101 Mo. 281; Cornwell v. Orten, 126 Mo. 355; Evens v. Polk, 125 Mo. 397; Schorr v. Carter, 120 Mo. 409; Munro v. Collins, 95 Mo. 33; Conrad v.…
1Opinion of the CourtValliant, J.
— Plaintiff, ¥m. E. Edgar, administrator de bonis non with the will annexed, of the estate of John W. Emerson, deceased, filed this suit for the purpose of obtaining a judicial construction of the will. The defendants named in the petition are the brothers and sisters, the half brothers and sisters, and nieces of the testator, certain legatees named in the will, and the unknown heirs of Hattie Emerson, deceased, who was the widow of George F. Emerson, deceased, who was a brother of the testator.
The testator left a considerable estate in Iron county; he had no child and by the terms of his…
2Cited by5 opinions
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