Byrne v. France
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) In construing wills, the object should always be to ascertain the intention of the testator.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) In construing wills, the object should always be to ascertain the intention of the testator. To do this the court should view the instrument from the surroundings of the testator, existing at the time he .made it, and consider all of its provisions, giving effect to all of them, and, as far as possible, reconciling them with each other; and in case of absolute inconsistency, giving effect to a later provision which may be in conflict with one previously expressed. Nichols v. Boswell, 103 Mo. 151; Small v. Field, 102 Mo, 122.…
1Opinion of the CourtBurgess, J.
This suit was begun in the circuit court of Buchanan county. An amended petition was subsequently filed in which the facts alleged are stated by counsel for plaintiff to be substantially as follows:
“This is a suit instituted for the purpose of annulling certain deeds described in plaintiff’s petition, and having them removed as clouds upon her title, and of construing the will of her grandfather, through whom the title had come, and for the purpose of protecting plaintiff’s rights in the real estate described in the petition, and that defendants and each of them in order to avoid a…
2Cases cited5 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Gibson v. LandSupreme Court of Alabama · 1855
- Bates v. WebbMassachusetts Supreme Judicial Court · 1812
- Jackson's Admr. v. SublettCourt of Appeals of Kentucky · 1850
- Jones v. WatersSupreme Court of Missouri · 1853
3Cited by8 opinions
- Tindall v. TindallSupreme Court of Missouri · 1902
- Shafer v. TeresoSupreme Court of Iowa · 1907
- Dunbar v. SimsSupreme Court of Missouri · 1920
- Green v. IrvinSupreme Court of Missouri · 1925
- Taylor v. AdamsMissouri Court of Appeals · 1902
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