Smith v. Sweringen
Supreme Court of Missouri
Appeal from Si. Louis Land Court. This was an action for partition. William Christy died in the year 1837 possessed of numerous and valuable lots and tracts of land.
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Appeal from Si. Louis Land Court. This was an action for partition. William Christy died in the year 1837 possessed of numerous and valuable lots and tracts of land. He left him surviving the following heirs at law : two sons, Edmund T. Christy and Howard E. Christy; four daughters, Harriet M. Dean, Matilda N. Taylor, Mary Ann Wright and Virginia N. Christy (now Mrs. Smith, plaintiff in this suit); and four grand-children, three of whom, Mary Ann Berry (now Mrs. Pendleton), Martha E. Berry (afterwards Mrs. Mitchell), and Frances S. M. Wash (now Mrs. Goode), were the children of Frances W.…
1Opinion of the CourtNapton, Judge
Several points have been discussed in this case which we think it unnecessary to determine.
The answers of Sweringen, Mitchell, Goode, &c., involve the proper construction of Christy’s will. At the date of this will, two of the testator’s daughters were dead — one of them, Mrs. Wash (previously Mrs. Berry), leaving three children— and the other, Mrs. Farrar, leaving one daughter, Mrs. Sweringen. The third and eighth clauses of the will declare what portion of his'estate undisposed of these grand-children should take. They provide that the three children of Mrs. Wash shall have their mother’s…
2Cited by6 opinions
- Preston v. SmithU.S. Circuit Court for the District of Eastern Missouri · 1886
- James v. Adams & WickesTexas Supreme Court · 1885
- Fikes v. Buckholts State BankCourt of Appeals of Texas · 1925
- In re BartlesNew Jersey Court of Chancery · 1880
- Western v. SkilesU.S. Circuit Court for the District of Western Missouri · 1888
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