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Home > Art, Film & Photography > Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri Volume 9
Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri Volume 9

Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri Volume 9


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 Excerpt: ...I where the owner in fee of a trust estate, reciting that his wife was entitled to dower out of that estate, devised it; and the question was, whether that recital amounted to a devise to her of a third part of the rents and profits. The Chancellor, to whom this case was submitted, decreed an account, but with leave for the infant, (who was the devisee, ) to move to set it aside, after she became of age, and also declared, that his decree should form no precedent, as he thought it a very hard case. But Lord Eldon disclaimed the doctrine of this case, and disregarded its authority. The case of Tilly vs. Tilly, referred to in the case of Dashwood vs. Peyton, involved the same questions we are now considering. The testator, assuming as a fact what had no existence, to wit, the right of his wife to dower in a trust estate, devised that estate. In the principal case Apauline Clamorgan, reciting that her son Henry had been provided for by the will of his uncle Cyprian, devised her real estate, or the principal part of it, to her other children. The Chahcellor who made the decree in the case of Tilly vs. Tilly, protested against its being regarded as a precedent, and Lord Eldon not only disregarded its authority, but intimated his dissatisfaction with the principle upon which it was decided. The case of Tilly vs. Tilly is therefore no authority, for the construction now contended for, and the case of Dashwood vs. Peyton is an authority pointedly against such a construction. There is a class of cases, in which the testator refers to a disposition as made in his will, (which in fact he has not made, ) and the courts have supplied such omission. The ground upon which such implications are admitted is obvious enough. Such recitah manifest an unequivocal intention to mak.


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Product Details
  • ISBN-13: 9781130744606
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 386
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1130744604
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 685 gr


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