Doerner v. Doerner
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) If Seitz had died intestate, his lands would have de*scended subject to the widow’s rights, to his two children in equal parts. To direct the descent in a different course requires plain words in the will. Every fair intendment is to be made in favor of the heir-at-law.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) If Seitz had died intestate, his lands would have de*scended subject to the widow’s rights, to his two children in equal parts. To direct the descent in a different course requires plain words in the will. Every fair intendment is to be made in favor of the heir-at-law. Wright v. Hicks, 12 Ga. 163; Bender v. Dietrich, 7 W. & S. 284; Howard v. American P. Soc., 49 Mo. 291; Schouler on Wills (2 Ed.), sec. 480. (2) A devise of the rents and profits passes prima facie the land itself. Schouler on Wills (2 Ed.), sec. 503.…
1Opinion of the CourtSherwood, P. J.
Suit for partition (brought March, 1897) and for sale of certain real estate, and an accounting for rents and profits, and for general relief.
Whether the suit could be maintained depended on- the provisions of the will of the testator, Ludwig Seitz (who died May 12, 1868). The evidence shows that at the date of Ludwig Seitz’s will (March, 1861), defendant, Eliza Doerner, had *403one child living, defendant Alwine Weber; at the date of the death of Ludwig Seitz, she had three children living, defendants Alwine Weber, Emilie Zuendt and Hans Egmund Doerner (born two months afterwards). Thereafter,…
2Cases cited5 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Teed v. . MortonNew York Court of Appeals · 1875
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Preston v. BrantSupreme Court of Missouri · 1888
- Britton v. . Miller and OthersSupreme Court of North Carolina · 1869
3Cited by7 opinions
- Carson v. HeckeSupreme Court of Missouri · 1920
- Noyes v. StewartSupreme Court of Missouri · 1950
- Knox College v. Jones Store Co.Supreme Court of Missouri · 1966
- Long v. St. Louis Union Trust Co.Supreme Court of Missouri · 1933
- Young v. HydeSupreme Court of Missouri · 1914
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