Griffith v. Witten
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) The true intention of the testator is the cardinal rule to be observed in the construction of wills. R. S. 1899, sec. 4650; Cross v. Hoch, 149 Mo. 325. .But the intention must be clearly and definitely expressed by the testator in his will, and not in contravention of any fixed rules of law; “for while it is the duty of courts to construe wills, they cannot make them.”
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Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) The true intention of the testator is the cardinal rule to be observed in the construction of wills. R. S. 1899, sec. 4650; Cross v. Hoch, 149 Mo. 325. .But the intention must be clearly and definitely expressed by the testator in his will, and not in contravention of any fixed rules of law; “for while it is the duty of courts to construe wills, they cannot make them.” G-arth v. Garth, 139 Mo. 456; Lehnhoff v. Theine, 184 Mo. 346. The intention which controls is that which is manifest.(1) either expressly or (2) by necessary…
1Opinion of the CourtGraves, J.
Richard G. Griffith the duly qualified executor of the last will and testament of Jackson Shuler, deceased, brought this- action in the circuit court of Daviess county, to have .construed the will of the said Jackson Shuler. The will was drawn by the deceased and is hot elegant either in diction or spelling. It reads: - •
“Will of Jackson Shuler His Will.
“ February the 20 1908 knowing -añd Bleve to Be in my Rite mind knowing the codition I am in to save trubel and Expence I Jackson Shuler make my firsl and Last Will and Tesament knowing myself to Be *634sound Mind I will or Bequeth to my sun…
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- Craig v. LeslieSupreme Court of the United States · 1818
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Phelps' v. . PondNew York Court of Appeals · 1861
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Mellen v. . MellenNew York Court of Appeals · 1893
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3Cited by16 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
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- In re Estate of SanfordSupreme Court of Iowa · 1919
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- Norris v. LoydSupreme Court of Iowa · 1918
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