Nichols v. Boswell
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in refusing the declarations, of law offered by the appellant, and in rendering judgment for the respondent. The will must be construed so as to carry out the intention of the testator, as indicated by the words of the will, not from a single word or passage, but from a consideration of the whole instrument, giving to each part its fair and usual meaning.
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Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in refusing the declarations, of law offered by the appellant, and in rendering judgment for the respondent. The will must be construed so as to carry out the intention of the testator, as indicated by the words of the will, not from a single word or passage, but from a consideration of the whole instrument, giving to each part its fair and usual meaning. R. S. 1879, sec. 4008 ; Lampart v. Haydel, 96 Mo. 439; Hall v. Stephens, 65 Mo. 670; Reinders v. Koppelman, 94 Mo. 338 ; Turner v. Timberlake, 53 Mo. 371;…
1Opinion of the CourtMacfarlane, J.
Ejectment to recover the undivided half of a tract of land situate in Holt county. Both parties claim title under the will of Daniel Hudson, which was as follows :
£! In the name of God, Amen. I, Daniel Hudson, of the county of’Holt, in the state of Missouri, do make and publish this, my last will and testament:
“ First. I give and bequeath to Charles W. Hudson and Elvora Hudson, heirs of my eldest son, Charles W. Hudson, to each of the above-named heirs of Charles W. Hudson, I bequeath $1.
“Second. I also further give and devise to my granddaughter, Minerva Nichols, heir of my daughter,…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Kellogg v. MixSupreme Court of Connecticut · 1870
- Butterfield v. HamantMassachusetts Supreme Judicial Court · 1870
3Cited by15 opinions
- Underwood v. CaveSupreme Court of Missouri · 1903
- Cornet v. CornetSupreme Court of Missouri · 1913
- Mercantile-Commerce Bank & Trust Co. v. BinowitzMissouri Court of Appeals · 1951
- Thomson v. ThomsonSupreme Court of Missouri · 1893
- McMillan v. FarrowSupreme Court of Missouri · 1897
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