Tompkins v. Lear
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Hon. David H. Eby, Judge. Tbe will of Lear was conclusive as to the charges and advancements made to Tompkins and the payments made by him. The courts have no power to say that the testator made a mistake in said book of advancements.
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Appeal from Ralls Circuit Court. — Hon. David H. Eby, Judge. Tbe will of Lear was conclusive as to the charges and advancements made to Tompkins and the payments made by him. The courts have no power to say that the testator made a mistake in said book of advancements. That book is a part of the will and it is evident that the main purpose of the testator was by his will to settle the question of those accounts so as to save dissensions after Ms death. 3 Redfield on Wills (3 Ed.), p. 49; Younce y. Feary, 77 Oh. St. 71; Baker v. Trust Co., 49 Mo. App. 623; In re Rohrer’s Estate, 17 Larc., Law…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— From the foregoing statement it will appear that the sole question involved in this case is, whether or not the entries in the “book of advancements,” of the account between the testator and his daughter Ella and her husband, W. C. Tompkins, are conclusive as to the amount of advancements with which they are chargeable, corrected by any credits accruing between its date, December, 1900, and the date of the death of the testator, which occurred February 16, 1903.
Whether money or property passing from father to children is to be held to be a gift or an advancement…
2Cases cited10 opinions
- Nelson v. NelsonSupreme Court of Missouri · 1886
- Ray v. LoperSupreme Court of Missouri · 1877
- Estate of WilliamsMissouri Court of Appeals · 1895
- Turpin v. TurpinSupreme Court of Missouri · 1885
- Hoak v. HoakSupreme Court of Pennsylvania · 1836
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3Cited by3 opinions
- In re the Estate of RoyWashington Supreme Court · 1920
- Gibson Ex Rel. Doerner v. JohnsonSupreme Court of Missouri · 1932
- Hanssen v. KarbeMissouri Court of Appeals · 1938