I hereby will and bequeath to my son Joe Tapley, as trustee, in trust for the use and benefit of my granddaughter Mary R. Mitchell should be dead then the trust estate shall go to and become the property of my son Joe Tapley. Tapley, a daughter of my deceased daughter Rebecca Tapley Mitchell, as hereinafter created subject to all the conditions of said trust estate and in case at that time the said Mary R. Mitchell die without leaving bodily heirs, the trust estate hereby created shall become a part of the trust estate of my granddaughter Mary R. Mitchell, each year during his natural life and should the said Harry R. Mitchell the net annual rents derived from the real estate and the net annual interest derived from the personal property to my said grandson Harry R. Dill, in paragraph number three, and I direct that my said son Joe Tapley pay to my said grandson Harry R. Mitchell, a son of my deceased daughter Rebecca Tapley Mitchell, and his bodily heirs one-fourth (¼) of all my estate, both real and personal, less the sum of fifty dollars, that being one-half of the amount I have given my granddaughter Caroline R. I hereby will and bequeath to my son Joe Tapley, as trustee, in trust for the use and benefit of my grandson Harry R. Mitchell, respectively, for life and then to their respective bodily heirs or, if none, to his son, Joe Tapley, viz.: Dill), in Joe Tapley, as trustee, for the benefit of Harry R. Each created a trust estate in one-fourth of his estate, real and personal, less $50 (one-half of the bequest to Caroline M. The next two paragraphs of his will are here involved. He bequeathed to his granddaughter *Ĭaroline M. He bequeathed and devised one-half of his estate, real and personal, to his son. Mitchell, children of his deceased daughter Rebecca Tapley Mitchell, survived him. His son, Joe Tapley, and three grandchildren, to wit: Caroline M.
The case pivots upon the provisions of two active testamentary trusts created by Valentine Tapley, the common source of title.
HARRY TAPLY TRIAL
After a trial to the court without a jury, the title was adjudged in Caroline M. At the time the suit was instituted plaintiffs had information Caroline M. A change of venue was taken to the Ralls county circuit court. Dill and others to quiet and determine title to approximately 580 acres of land in Pike county, Missouri, and for partition. Arthur Tapley and other collateral heirs of Valentine Tapley instituted this action against Mary H.
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