Hurst v. Von De Veld
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The court below committed error in holding that only five-tenths of testator’s real estate and seven-tenths of his personal property was disposed of- by the will in controversy. Unless the contrary clearly appears upon the face of, the will — which is not true in the case at bar — the presumption of law is, that testator intended to dispose of all his property by the will in question.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The court below committed error in holding that only five-tenths of testator’s real estate and seven-tenths of his personal property was disposed of- by the will in controversy. Unless the contrary clearly appears upon the face of, the will — which is not true in the case at bar — the presumption of law is, that testator intended to dispose of all his property by the will in question. Watson v. Watson, 110 Mo. 170; Earish v. Cook, 78 Mo. 220; Whitcomb v. Eodman, 47 A. St. Kep. 181; Schouler on Wills, p. 490; Given v. Hilton, 5 Otto…
1Opinion of the CourtValliant, J.
This is an application to a court of equity to construe the will of Resin S. Judy deceased. The plaintiffs are the executors and the defendants the beneficiaries under the will and heirs at law of the testator.
The will is in these words:
“I, Resin S. Judy of Oass county, in the State of Missouri, being of sound mind and revoking all other wills heretofore made by me, do make and publish this, my last will and testament:
“(1) I give and bequeath to my grandson, Osear M. Judy, son of my son John J. Judy, the two notes given by him to me, one of said notes being for the sum of one hun*244dred dollars,…
2Cases cited8 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Small v. FieldSupreme Court of Missouri · 1890
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Coffman v. CoffmanSupreme Court of Virginia · 1888
- Munro v. CollinsSupreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Neibling v. Methodist Orphans' Home Ass'nSupreme Court of Missouri · 1926
- Ramsey v. City of BrookfieldSupreme Court of Missouri · 1951
- Webb v. HaydenSupreme Court of Missouri · 1901
- Meiners v. MeinersSupreme Court of Missouri · 1904
- Fowler v. WoodringSupreme Court of Missouri · 1960
5 more not listed; retrieve them via the Exa API.