Burch v. Brown
Supreme Court of Missouri
Appeal from Fourth District Court. As to her children and grandchildren, Mrs. Donnelly died intestate, and, as against them, the stranger in blood, Hall, took nothing. The will should bo. declared void as against plaintiffs.
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Appeal from Fourth District Court. As to her children and grandchildren, Mrs. Donnelly died intestate, and, as against them, the stranger in blood, Hall, took nothing. The will should bo. declared void as against plaintiffs. (Bradley v. Bradley, 24 Mo. 311; Hill v. Martin, 28 Mo. 79; Chouquette v. Baratía, 28 Mo. 491.) While as to plaintiffs in error the deceased died intestate, yet the will is valid, except so far as to let said heirs at law have of the inheritance an equal part with the deviseo. The will is not wholly avoided by the omissions. (R. C. 1855, ch. 181, p. 538, §§2,9.)
1Opinion of the CourtWagher, Judge
The only question in the record depends upon the construction to be given to the ninth section of the statute of wills, and that seems to have been definitely settled in the case of Bradley v. Bradley, 24 Mo. 311. The case shows that in 1862 Malinda Donnelly died in Macon county, possessed of considerable real and personal property, and some time subsequent 'to her decease a paper was found purporting to be her last will and testament, *442whereby she devised and bequeathed her w'hole estate to one Thomas Hall, an entire stranger to her in blood. Hall afterward died unmarried and without…
2Cases cited1 opinion
- Bradley v. BradleySupreme Court of Missouri · 1857
3Cited by3 opinions
- Smith v. SteenNew Mexico Supreme Court · 1915
- State Ex Rel. Citizens Bank v. AllenSupreme Court of Missouri · 1922
- State ex rel. Muller v. PohlMissouri Court of Appeals · 1888