Farley v. Welch
Supreme Court of Missouri
Appeal from Randolph. Circuit Court. — Hon. Willard P. Cave, Special Judge. (1) The intent of the testator was that the four children and the grandchild should each get one-fifth in value of the estate. So far as the interest of Margaret Ellen Moran is concerned, it was to consist exclusively of personalty, it being expressly contemplated by the will that either the four children or the two sons should take the farm.
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Appeal from Randolph. Circuit Court. — Hon. Willard P. Cave, Special Judge. (1) The intent of the testator was that the four children and the grandchild should each get one-fifth in value of the estate. So far as the interest of Margaret Ellen Moran is concerned, it was to consist exclusively of personalty, it being expressly contemplated by the will that either the four children or the two sons should take the farm. If the four children took it, then it was the duty of each of them to give to Margaret Ellen Moran’s trustee their pro rata of the value of one-fifth of the farm. Whereas, if by…
1Opinion of the Court
ROY, C.
This ease was begun in the circuit court of Adair county on February 23, 1906, and was taken by change of venue to Randolph county, at Huntsville, where the trial occurred.
The petition states, in substance, that William Welch died in June, 1889, the owner of 580 acres of land described in the petition, leaving a will by which he devised to his children Thomas E. Welch, Walter F. Welch and Margaret O. Welch, and to his granddaughter Margaret E. Moran, each one-fifth of his real estate, and to his daughter Agnes Farley and the heirs of her body one-fifth part of said real estate. That…
2Cases cited1 opinion
- Ranney v. Hammond Packing Co.Missouri Court of Appeals · 1908
3Cited by2 opinions
- State ex rel. Farley v. WelchMissouri Court of Appeals · 1914
- State ex rel. Schenk v. FlickMissouri Court of Appeals · 1914