Lomax v. Cramer

Decision Date01 December 1919
Docket NumberNo. 13356.,13356.
Citation216 S.W. 575,202 Mo. App. 365
PartiesLOMAX v. CRAMER et al.
CourtMissouri Court of Appeals

Appeal from Circuit Court, Linn County; Fred Lamb, Judge.

Action by E. M. Lomax, executor of the estate of Samuel Milton Robinson, deceased, against Oliver Cramer, executor of the estate of Alice E. Robinson, deceased, Minnie Stambach, and others. From judgment rendered, defendant Minnie Stambach appeals. Affirmed.

Bresnehen & Burns, of Brookfield, for appellant.

Bailey & Hart, of Brookfield, and D. A. Robinson, of Dallas, Tex., for respondent.

TRIMBLE, J.

This is an action brought to obtain the proper construction of the fourth clause of the will of Samuel M. Robinson, deceased. Said clause reads as follows:

"4th. I will and bequeath to my brother D. A. Robinson and wife five thousand dollars."

The will was executed December 22, 1914, and testator died April 4, 1918. He died without issue, owning a large amount of property and leaving a widow, Alice E. Robinson, who had two children by a former husband, one of whom is the appellant Minnie Stambach. The will `made about 17 devises and bequests all of which have been paid or turned over to the beneficiaries therein except the bequest mentioned in clause 4. It is this bequest that is the sole matter in controversy here.

After making the various bequests mentioned, the will gave one half of the residue of his estate to his wife, Alice E. Robinson, and the other half in equal amounts to his brothers, naming them. Each one of said brothers received a specific bequest among the 17 hereinabove mentioned.

The wife of D. A. Robinson, mentioned in the fourth clause of said testator's will, was named Sarah J. Robinson. She died some time after the will was executed, but several years before testator died. Testator knew of her death, but never changed the fourth clause of his will. After testator died in April, 1918, his widow, Alice E. Robinson, died in August of that year, leaving a will in which she made appellant, Minnie Stambach, residuary legatee of her estate. In other words, Minnie Stambach takes whatever Alice E. Robinson would have taken under the residuary clause of Samuel M. Robinson's will had she continued to live.

The fourth clause of testator's will having given *5,000 to "D. A. Robinson and wife," and said wife having died prior to the death of testator, appellant contends that the legacy provided for in said fourth clause lapsed, or at least that one-half thereof did so. This is the only question in the case.

There is no question but that, in this state, when a husband and wife take an estate by the entirety, they hold, not as separate individuals and by moieties, but as one person, each holding the whole of it. For this purpose they are a unit, and upon the death of either the entire estate belongs to the survivor. Stifel's, etc., Brewing Co. v. Saxy, 273 Mo. 159, 201 S. W. 67, L. R. A. 1918C, 1009; Ashbaugh v. Ashbaugh, 273 Mo. 353,...

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29 cases
  • Byrd v. Wallis
    • United States
    • Mississippi Supreme Court
    • June 6, 1938
    ... ... 893; Leshe v. Cutrer, 135 ... Miss. 469, 99 So. 136 ... The ... holding of the learned lower court was in conformity with ... Lomax v. Cramer, 202 Mo. 365, 216 S.W. 575 ... It is ... respectfully submitted that the portion of the [182 Miss ... 506] residuum devised ... ...
  • Peters v. Dona
    • United States
    • Wyoming Supreme Court
    • February 18, 1936
    ... ... Co. v. Saxy, 273 Mo. 159, 201 S.W. 67, L. R. A. 1918C, ... 1009; Ashbaugh v. Ashbaugh, 273 Mo. 353, 201 S.W ... 72; Lomax v. Cramer, 202 Mo.App. 365, 216 S.W. 575 ... "Since ... there is no showing in the record before us that the estate ... held by the ... ...
  • Ambruster v. Ambruster
    • United States
    • Missouri Supreme Court
    • September 4, 1930
    ... ... Johnson v. Johnson. 173 Mo. 91; Lomax v. Cramer, 202 Mo. App. 365; Rezabek v. Rezabek, 196 Mo. App. 673; Craig v. Bradley. 153 Mo. App. 586; Bryan v. Ford, 151 Mo. App. 689; 22 L.R.A ... ...
  • Ambruster v. Ambruster
    • United States
    • Missouri Supreme Court
    • September 4, 1930
    ... ... corporation as tenants by the entirety, and estates by the ... entirety may exist in personalty. Johnson v ... Johnson, 173 Mo. 91; Lomax v. Cramer, 202 ... Mo.App. 365; Rezabek v. Rezabek, 196 Mo.App. 673; ... Craig v. Bradley, 153 Mo.App. 586; Bryan v ... Ford, 151 Mo.App ... ...
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