Austin v. Watts & Hughes
Supreme Court of Missouri
Appeal from Howard Circuit Court. This was a bill in equity, filed by Mary J. Austin, daughter of Garret Austin, deceased, against her father’s administrators, B. Watts and R. Hughes, and against S. C. Major and G. Patrick, who had purchased from the testator’s widow three slaves belonging to the estate, praying a decree for a legacy of $800, left her in her father’s will, and that it might be paid by the administrators, or by the purchasers of the property, and for general…
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Appeal from Howard Circuit Court. This was a bill in equity, filed by Mary J. Austin, daughter of Garret Austin, deceased, against her father’s administrators, B. Watts and R. Hughes, and against S. C. Major and G. Patrick, who had purchased from the testator’s widow three slaves belonging to the estate, praying a decree for a legacy of $800, left her in her father’s will, and that it might be paid by the administrators, or by the purchasers of the property, and for general relief. Garret Austin, the father, made his will in March, 1839, and died shortly afterwards. The provisions of the will…
1Opinion of the CourtRyland, Judge
1. In this case, the first matter to be attended to is to discover the real intent of the testator, in the disposition of his property by will. He first makes bequests to his daughter and grand-daughter, and then gives the residue of his estate to his wife. This is the substance of the whole will. The provision made for the complainant is in these words : “I give and bequeath to my daughter, Mary Jane, two negro girls, one named Margaret and the other Gabriella, and after the death of my wife, my said daughter, Mary Jane, to have eight hundred dollars worth of property.” The provision for the…
2Cited by2 opinions
- Wright v. BaldwinSupreme Court of Missouri · 1873
- Lilly v. MenkeSupreme Court of Missouri · 1894