Carter v. Long
Supreme Court of Missouri
Error to Pike Circuit Court. — Hon. D. H. Eby, Judge» (1) The action of the trial court in sustaining the-demurrer is sought to he justified on the theory that none of the present plaintiffs were in existence at the date of the death of the testator John C. Carter, Sr., and that therefore the eldest, Margaret E. Carter, who was the only child of Charles E. Carter in esse at that time,, was the only one on whom .the will would take effect.
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Error to Pike Circuit Court. — Hon. D. H. Eby, Judge» (1) The action of the trial court in sustaining the-demurrer is sought to he justified on the theory that none of the present plaintiffs were in existence at the date of the death of the testator John C. Carter, Sr., and that therefore the eldest, Margaret E. Carter, who was the only child of Charles E. Carter in esse at that time,, was the only one on whom .the will would take effect. The intention of the testator should control, and all technical rules and niceties should be subordinated to-that intention. Carr v. Dings, 58 Mo. 400;…
1Opinion of the CourtBrace, P. J.
In this case the circuit court’of Pike county sustained a general demurrer to the plain*704tiffs’ petition filed November 16, 1899, which is as follows:—
“Enoch Pepper Carter and Robert Hill Carter, minors, by their next friend, Conrtland Reynolds, plaintiffs, v. James R. Long and Jno. J. Knight, defendants.
“Plaintiffs, who are minors and who sue by their next friend, Courtland Reynolds, state that they are children of Charles E. Carter, and that John C. Carter, senior, father of Charles E. Carter, died at his residence in the county of Pike and State of Missouri, on the---day of---1876, testate,…
2Cases cited3 opinions
- Hollis v. LawtonSupreme Court of Georgia · 1899
- Thomas v. ThomasSupreme Court of Missouri · 1899
- Loockerman v. McBlairCourt of Appeals of Maryland · 1847
3Cited by7 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Evans v. RankinSupreme Court of Missouri · 1931
- Heaton v. DicksonMissouri Court of Appeals · 1910
- Blumenthal v. BlumenthalSupreme Court of Missouri · 1913
- Easton v. DemuthMissouri Court of Appeals · 1913
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