Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 89
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. 1887 edition. Excerpt: ... the issues against the plaintiff, and rendered judgment accordingly, dismissing plaintitf's petition, from which judgment the plaintiff, after an unsuccessful motion for new trial and re-hearing, appealed to this court. From the foregoing statement it will be seen that there are three parties to the controversy besides the defendant, James: (1) the devisees in remainder of the testator, who are represented by the plaintifi; (2) the heirs at law of his widow, who are represented by her administrator; and (3) the defendant, Kate O. Anderson, who claims the fund in question to the extent of $2,500, by virtue of the written assignment from Mrs. Hall, to secure her for an indebtedness on her part to that amount. The solution of the question, it will also be seen, calls for the proper construction of the will in question under the facts in evidence. The second clause of the will is as follows: " 2. I give and bequeath to my beloved wife, Mary '3. Hall, all my property, including real and personal, of Harbison v. James. any and every description whatever, giving her the right to sell and re-invest, as she may desire, any part of the same for her separate use and benefit, and at her death I desire that any portion of my estate remaining undisposed of shall go to my three daughters, Mary Davis, Annie Harbison, and Amelia Wilson." The first branch of this clause, standing alone, would give the wife the absolute property in his entire estate. The second branch of the clause also confers upon the wife the right to sell and re-invest, as she may desire, any part of the same for her separate use and benefit. The third, and last, branch of the clause is to this effect, that the testator directed that any portion of his estate...
- Paperback | 254 pages
- 189 x 246 x 13mm | 458g
- 13 Sep 2013
- Illustrations, black and white