Van Pretres v. Cole
Supreme Court of Missouri
Error to Washington Circuit Court. — Hon. Louis E. Dinning, Judge. 1. The intention of the testator, as collected from the entire will, must prevail.
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Error to Washington Circuit Court. — Hon. Louis E. Dinning, Judge. 1. The intention of the testator, as collected from the entire will, must prevail. Williams on Ex., 925, note 1. The testator is always presumed to use the words in which he expresses himself according to their strict and primary acceptation, unless from the context of the will it appears that he used them in a different sense; in which case the sense in which he thus appears to have used them will be the sense in which they are to be construed. "Williams on Ex., 925, note 1. Where there is nothing in the context of a will…
1Opinion of the CourtHough, J.
Marie L. Lamarque died in 1868, leaving a will, the third clause of which is as follows : “I give, bequeath and devise to my niece, Mary Bolduc, the sum of $6,000, and also the tract of land and house on. and in which I now reside, together with all of the furniture and household- property, inclusive of linen, plate, jewels, pictures, books and so forth, as the same may be found at my death. But should she not survive me, or should she die leaving no heirs of her body, then, in either such case, this bequest and devise is to lapse, and go to my residuary legatee hereinafter named. And it is…
2Cases cited1 opinion
- Kenrick v. ColeSupreme Court of Missouri · 1876
3Cited by2 opinions
- In re the Final Judicial Settlement of the Account of Proceedings of NeydorffAppellate Division of the Supreme Court of the State of New York · 1920
- Stearns v. DunnSupreme Court of Alabama · 1919