Aurien v. Security Nat. Bank Savings & Trust Co., 35749.
| Decision Date | 14 June 1939 |
| Docket Number | No. 35749.,35749. |
| Citation | 129 S.W.2d 1047 |
| Court | Missouri Supreme Court |
| Parties | AURIEN v. SECURITY NAT. BANK SAVINGS & TRUST CO. OF ST. LOUIS et al. |
Appeal from St. Louis Circuit Court; Robert J. Kirkwood, Judge.
Action by George Aurien, as administrator cum testamento annexo of the will of John N. Opel, deceased, against the Security National Bank Savings & Trust Company of St. Louis, a corporation, executor of the last will of Alice J. Opel, deceased, and others, to construe the will of John N. Opel. From an adverse decree, the residuary legatees under the will of Alice J. Opel appeal.
Transferred to Court of Appeals.
Lashly, Lashly & Miller and George S. Roudebush, all of St. Louis, for appellants.
Calhoun & Boisseau, of St. Louis, for respondent.
HYDE, Commissioner.
This is an action to construe the will of John N. Opel. The controversy was concerning the meaning of the provisions of the will disposing of the testator's personal property. The trial court's decree construed the will as giving the testator's wife, Alice J. Opel, who died shortly after the testator, only a life estate in her husband's personal property. The residuary legatees under the will of Alice J. Opel have appealed.
The first question presented by the record in this case is the appellate jurisdiction of this court. Title to real estate is not involved because it is conceded that the testator's will gave his wife only a life estate in his real estate. Paragraph I of the testator's will directed payment of debts and funeral expenses and provided for the erection of vaults and monuments, "total expense not to exceed $1500.00." Paragraph II was as follows: "Unto my beloved wife Alice J. Opel I bequeath all of my personal estate whatsoever I may possess." Paragraph III provided in part as follows: Paragraph V provided specific legacies in amounts from $500 to $3,500 to eighteen named legatees. It was shown that the value of the real estate was not sufficient to pay these legacies.
The inventory of the personal property of the testator lists bonds of the face value of $21,900, stocks of the market...
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Freeman v. De Hart, 29750
...S.W.2d 349; Smith v. Oliver, Mo.Sup., 148 S.W.2d 795; In re Ellis' Estate, Mo.Sup., 127 S.W.2d 441; Aurien v. Security Nat. Bank Savings & Trust Co. of St. Louis, Mo.Sup., 129 S.W.2d 1047. At the threshold of the case we are confronted with the question as to whether we have jurisdiction of......
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Pasternak v. Mashak
...amount. In similar situations this court has ordered transfer of the cause to the courts of appeals, Aurien v. Security Nat. Bank Savings & Trust Co., Mo.Sup., 129 S.W.2d 1047 ; Whitworth v. Monahan's Estate, 339 Mo. 1123, 100 S.W.2d 460; Bostian v. Milens, 354 Mo., 153, 188 S.W.2d 945; Nie......
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Winn v. Matthews
...show an amount involved such as is required for our jurisdiction, so we cannot decide this appeal. Aurien, Adm'r v. Security National Bank Savings & Trust Co., Mo.Sup., 129 S.W.2d 1047; Whitworth Monahan's Estate, 339 Mo. 1123, 100 S.W.2d 460; Flynn v. Kinealy, 338 Mo. 522, 92 S.W.2d 671; I......