Roberts v. Crume
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Now. Argus Cox, Judge. (1) The testator’s understanding of the words used in his will must be adopted in construing the will without reference to lexicographers or adjudicated cases.
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Appeal from Polk Circuit Court. — Now. Argus Cox, Judge. (1) The testator’s understanding of the words used in his will must be adopted in construing the will without reference to lexicographers or adjudicated cases. Dugans v. Livingstone, 15 Mo. 234; Reinders v. Koppelman, 94 Mo. 343; Small v. Field, 102 Mo. 129; Garth v. Garth, 139 Mo. 465; Long v. Timms, 107 Mo. 519. (2) The testator understood that the word“heirs” as used in the will meant “children,” and the words should be so construed. Waddell v. Waddell, 99 Mo. 345; Chew v. Keller, 100 Mo. 369; Maguire v. Moore, 108 Mo. 273; 1 Leading…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of a tract of land in Polk county. The petition is in the usual form. Ouster laid December 2, 1898. The trial resulted in a judgment for defendants, from which plaintiffs appeal.
Both plaintiffs and defendants claim under the will of Alpheus Leonard signed by him at Panora, Iowa, on July 6, 1893, at which time he resided in that State. He owned a farm in that State; part of which was in Dallas and part in Guthrie county. He was a widower and had two children (both of whom lived with him), one a son named John N. Leonard, the other a daughter,…
2Cases cited12 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Freeman v. . CoitNew York Court of Appeals · 1884
- Yocum v. SilerSupreme Court of Missouri · 1901
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3Cited by15 opinions
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Underwood v. CaveSupreme Court of Missouri · 1903
- Cornet v. CornetSupreme Court of Missouri · 1913
- Triplett v. TriplettSupreme Court of Missouri · 1933
- Gibson v. GibsonSupreme Court of Missouri · 1920
10 more not listed; retrieve them via the Exa API.