Griffith v. Witten

161 S.W. 708, 252 Mo. 627, 1913 Mo. LEXIS 130
CourtSupreme Court of Missouri
DecidedDecember 6, 1913
StatusPublished
Cited by16 cases

This text of 161 S.W. 708 (Griffith v. Witten) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffith v. Witten, 161 S.W. 708, 252 Mo. 627, 1913 Mo. LEXIS 130 (Mo. 1913).

Opinion

GRAVES, J.

Richard G. Griffith the duly qualified executor of the last will and testament of Jackson Shuler, deceased, brought this- action in the circuit court of Daviess county, to have .construed the will of the said Jackson Shuler. The will was drawn by the deceased and is hot elegant either in diction or spelling. It reads: - •

“Will of Jackson Shuler His Will.
“ February the 20 1908 knowing -añd Bleve to Be in my Rite mind knowing the codition I am in to save trubel and Expence I Jackson Shuler make my firsl and Last Will and Tesament knowing myself to Be [634]*634sound Mind I will or Bequeth to my sun Davied Sliuler One Thousand Dollars $1000.00 And I Jackson Shuler Will to or Bequeth to my Daughter Orpha Witten One thousan Dollars $1000.00 And I Jackson Shuler Will or Bequeth to my sun Zaehariah Shuler One thousan Dollars $1000.00 to Have at my Death after all Debts is paid and funeral Expenses is paid and Toom Stone is Put to My grave My household goods to Be sold and Personal Propty to Be sold at Public sale horses wagon Bugy harness and some farm Impliments Plows and tools and all grain on hand and hay And the farm In Daviss County Missouri to Be Rented For the term ov 2 years to give time to Be sold and the Grundy County Land to Be Rented for 2 years to give Time to Be Sold After the 3 children gets their shers and All Expences is Paid I jackson Shuler want or Will or Bequeth an Equal Shar to Each Grand Child Living who Names is Letha Witten and Heral J. Witten and Alford Witten and Hobert Shuler and William J. Shu-ler and Thelma Shuler and Irean Shuler and Doris M. Shuler these all to have an Equal Shear of the Remaining Sum I Apoint R. G. Griffith to Exicut this Will this is my Last Will and Testament of Jackson Shuler Zack to have all my cloths these children is to have their Shear as they Becom of Age Zack to have the Pictures and all the Books and Bible and the little Bible Dave a Bed and Zack a Bed and Orpha a Bed and the Rest of things to be sold at Public sale This I sign knowing Whalt I Sine and Am in my Rite Mind and Last Will and Testament.
“JacksoN Shuler
“This Will Directs that the Exicuter gives a Bond in which case he'mus comply with the Pervisions of the Will and Give the Bond Before he is qualified to act as Exicutor Also the Timber land to Be sold.
‘ ‘ JacksoN Shuler
“Nathah DAVISSON
“EugeNE Ham. ’ *

[635]*635The petition of the plaintiff sought light from the trial court upon the following alleged uncertain and indefinite parts of the will:

■ “That said will is vague, uncertain and indefinite in this:
“1. As to whether or not the will requires the land belonging to said Jackson Shuler at the time of his death, to be sold by the executor after two years, or at any other time, and the proceeds distributed.
“2. As to whether or not the grandchildren mentioned in the will are to receive all of the personal property after the payment of the legacies of one thousand dollars each to his three children named in the will.
“3. As to whether or not it is the intent of said will to give to said grandchildren each the sum of one thousand dollars out of the personal property.
“4. As to whether or not the will requires the sale of all the land by the executor after two years and the distribution of the proceeds of sale among the children and grandchildren of said deceased, in any ratio or proportion.
“5. As to whether or not the grandchildren mentioned in the will participate to any extent in the real estate or proceeds thereof, owned by the deceased at the time of his death.
“6. As to whether or not said grandchildren participate in any part ,of the estate of said deceased, except personal property and that only, after the payment of the legacies of one thousand dollars each to Orpha Witten, David Shuler and Zachariah Shuler and after payment, out of said personal property, for expenses of last sickness, tombstone, debts and costs of administration.
“This plaintiff further says that a dispute has arisen between the heirs and legatees under said will as to the construction thereof in the particulars above set forth, and that a further question has been raised [636]*636as to tlie right of this executor to distribute and pay to the defendant, Laura L. Shuler, the widow of David Shuler, deceased, the share, if any, or any part thereof, of said David Shuler in said estate; that the defendants are legatees and beneficiaries under said will and are the sole persons named therein as such; that they constitute all of the children and grandchildren, heirs, devisees and legatees of said Jackson Shuler, deceased; that by reason of thé vague, indefinite and uncertain provisions of said will, and of the difference and disputes that have arisen concerning the consideration thereon, this plaintiff cannot proceed with the administration of said estate and the distribution of. the assets thereof, without the construction of said will and the guidance and direction of this court.”

Under the evidence it appears that this will was duly probated, and the inventory of the estate shows personal' property to the amount óf eight thousand dollars. Outside of this formal proof the case was submitted upon the will and the following admissions:

“It is admitted that Jackson Shuler died on April 5, 1908.
“It is admitted that Bichard G. Griffith is the duly named, appointed, qualified and acting executor of the will of Jackson Shuler, deceased.
“It is agreed that at the time of his death Jackson Shuler was the owner of 167 acres, more or less, in Daviess county, Missouri, described as follows:
“The east half of the southwest quarter of section 11, township 61, range 26, and the west half of the southeast quarter of section 11, township 61, range 26; also a strip 10 rods wide, commencing in the southwest corner of the east half of the southwest quarter of section 11, township 61, range 26, and running north far enough to make 7 acres; in all 167 acres, more or less, in Daviess county. • ■
“And' the following described land in Grundy county, Missouri:
[637]*637“Twenty-four acres situated in tlie northwest quarter of the northeast quarter of section 15, township 61, range 25.
“Timber land in Grrundy county, in section 8, township 61, range 25, containing 14.51 acres, more or less.
“It is admitted that at the time of his death, Jackson Shuler was possessed of personal property of the value between seven and eight thousand dollars.
“It is admitted that the wife of Jackson Shuler was dead at the time of his death.
‘ ‘ That he left surviving him three children, Orpha Witten, a daughter, David Shuler and Zachariah Shu-ler, his two sons.
“It is admitted that David Shuler died after the death of his father and that David Shuler had no children.

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Bluebook (online)
161 S.W. 708, 252 Mo. 627, 1913 Mo. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-witten-mo-1913.