84 Mo. 82 | Mo. | 1884
This cause was begun in the circuit court of Audrain county, upon a bill in equity, filed by Franklin Russell, administrator of Julia Ann Williams, deceased, for the purpose of construing the will of Caleb Y. Williams, her late husband. The bill states substantially that plaintiff is administrator, etc.; that his intestate, at her death, left personal property consisting of notes, accounts, and money amounting to $1,462.60, and certain real estate. That she acquired and held all said real and personal property under the will of one Caleb Y. Williams, deceased, until her death, which said will was ■duly probated. The bill then alleges that Johnson W. Eubanks and others, naming them (appellants herein), are the heirs at law of the said Julia Ann Williams, and as such claim said estate. That Henrietta Gregg Robinson, and the heirs of Frances Ellen Robinson, deceased, claim said property as legatees under the will of the said Caleb Y. Williams, deceased.
The heirs of Mrs. Williams answer, alleging that the said will gave to their ancestor an absolute estate in said property in fee, and it descended to them as such heirs. The legatees answer, claiming that by the terms of said will they were entitled to said property.
Upon the trial the will was offered in evidence and is as follows:
“July 29, 1874. The last will of Caleb Y. Williams, of Audrain county, and state of Missouri. Being of sound mind at the time of making and publishing this my last will and testament, I give and devise all my estate, real and personal property to my beloved wife, Julia Ann Williams, after settling up all my lawful debts.
to sell, to make deeds, and dispose oi The said Julia Ann Williams is to have absolute control ,\ property as she may please
of the said property during her lifetime 7\ only what may be needed to pay the lawful debts. At her death and aftei I will and bequeath all my property, real and personal, that she may have at her death to my two children of*86 John Robinson, namely, Prances Ellen and Henrietta Gregg Robinson. These children to share and share-alike. To have and to hold and inherit all my property after her death. These two children I adopt as my lawful heirs, namely, Prances Ellen and Henrietta Gregg Robinson. I do hereby appoint my friend, Pranklin Russell, executor of this my last will and testament, the said executor to receive reasonable compensation for his services for settling up my estate.
“ Caleb Y. Williams.”
As will be seen, the controversy is between the heirs at law of said Julia Ann Williams, and the legatees named in the will. The court found the issues for the legatees and construed the will to give to the said Julia Ann Williams an estate for her life only in said juoperty with the jjower to sell and dispose of the same during her life, with the remainder over to the legatees named in the will. After unsuccessful motions for new trial and in arrest of judgment in the trial court, the heirs at law appealed- the cause to this court. The question, as has been seen, is whether the devisee, Mrs. Williams, under the will, took an absolute estate in fee, or whether she took an estate during her lifetime, with remainder over at her death to the legatees named in the will. The solution of this question depends upon the intention of the testator, to be gathered from the will itself. That intention is to be gathered, not from single words, passages, or sentences, but from a consideration of the whole instrument taken together in its general scope and design. It may be conceded that that intention must not be in contravention of law; but with this limitation, these impositions are, we believe, not questioned by the authorities, in this state, or elsewhere: 58 Mo. 400 ; 61 Mo. 83; 63 Mo. 279; 72 Mo. 616; 68 Mo. 490; 53 Mo. 371; 19 Ohio St. 490, and 6 Peters (U. S.) 68.
Por the heirs it is contended that the first clause of the will, without more, clearly evinces an intention on the part of. the testator to give his wife a fee-simple title
We may further premise that it is to be presumed that the interlineation was made, necessarily, after the will (or, at least, the clause in which it occurs), was written, and that, when first written, the document was complete without it. It does not follow, however, that the same when made did not become a part of the will, as much as any other portion. But the fact is mentioned,
It may be true that he intended by the power to sell and dispose of the property as she pleased, to enable her
Finding no error in tbe ruling or construction of the circuit court, its judgment is affirmed.