Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 57

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 57

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...of the language used in the schedule attached to the will, if there were no other language to controlit; but the testator says that his intention was to dispose of his entire estate and die intestate as to none. Hence we must conclude that he intended to and 'did include in his will, all of the land owned by him in the state of Missouri, lying north of the Missouri river, and that the words in the will, "bought of Thomas Hawley," were not intended to restrict_ the other-words of the will by which he intended to bequeath his whole estate. It is not to be presumed that he intended to die intestate as to this one quarter section of land bought of Tower. The land lies north of the Missouri river, is military land and in every way answers to the land named except that it was not purchased of Hawley. We are of the opinion that by a fair construction of the whole instrument, the land in controversy is properly included and passed by the will to the executors to answer the bequests made. It follows that the will was improperly excluded from the evidence in the cause; and as no question is made as to the sufiiciency of the deeds read in evidence, the judgment should be reversed. The judgment is reversed and case remanded. Judge Sherwood is absent, the other judges concur. Cnannss H. Manson, Respondent, cs. J sson-G. WILLARD AND MARY WILLARD, Hrs WIFE, Appellants, and vice oersa. 1. Eguitj/--SaZe under deed of trust-Parol statements of purchaser, as to intention in purchas'in_q-Re.sulti1z_q trust.--Where the beneficiary in a deed of trust was apparently a bona fide purchaser, at the sale by the trustee, of a-n absolute title to real estate, the fact that the maker of the deed was a brother-in-law, and the fact that the more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 123698918X
  • 9781236989185