Goff v. Goff

352 Mo. 809, 179 S.W.2d 707 (1944)

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Goff v. Goff

Missouri Supreme Court
352 Mo. 809, 179 S.W.2d 707 (1944)

  • Written by Rose VanHofwegen, JD

Facts

Charles Granville Goff (Granville) denied that 12-year-old Marjorie and 10-year-old Dean Goff (plaintiffs) were his grandchildren. Granville married their grandmother during pregnancy but said he was not the father, and the couple divorced. Granville never acknowledged the baby, Joe Goff, as his son. Eventually, Joe married and had two children before he died. A niece said Granville once mentioned having two grandchildren but did not want it repeated or to leave them anything because “Joe was not his boy.” Before Granville wrote his will, he argued with his brother George and told a niece, “I will sure fix it so George and Joe’s children will not participate in my property.” Granville left to live with two nephews and executed a will that named his brother Silas executor, directed him to sell all Granville’s property, left George $5 and Silas $1,000, and gave everything else to his nephews. The will recited, “I am not married and have no children,” and said, “I hereby give and bequeath to any person who might contest this will the sum of $1.00 only, in lieu of any other share or interest in my estate.” Marjorie and Dean sued, asserting rights to Granville’s land as pretermitted heirs. Granville’s brothers and nephews (defendants) countered that Granville intended to omit his grandchildren or that the exclusion clause made them entitled to only $1 each. The trial court found Granville did not know his grandchildren existed, but found they were not pretermitted heirs because the exclusion clause provided them $1. The grandchildren appealed.

Rule of Law

Issue

Holding and Reasoning (Barrett, J.)

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