Dewein v. Hooss
Supreme Court of Missouri
Appeal from Perry Circuit Court. — Son. Samuel Davis, Special Judge. (1) Under the will of Henry Hooss, deceased, Barbara Hooss was given a life estate. A power of sale or disposal added to a devise of a life estate, does not enlarge the estate devised into a fee in the first taker.
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Appeal from Perry Circuit Court. — Son. Samuel Davis, Special Judge. (1) Under the will of Henry Hooss, deceased, Barbara Hooss was given a life estate. A power of sale or disposal added to a devise of a life estate, does not enlarge the estate devised into a fee in the first taker. Rnbey v. Barnett, 12 Mo. 7; Redmond v. Barger, 118 Mo. 568; McMillan v. Farrow, 141 Mo. 63; Lewis v. Pitman, 101 Mo. 281; Grace v. Perry, 197 Mo. 550; Tisdale v. Prather, 210 Mo. 409; Evans v. Folk, 135 -Mo. 403; Steiff v. Seibert, 128 la. 746; Page on Wills, sec. 576; Tiedeman Real Property, sec. 564. (2) Under…
1Opinion of the CourtBrown, J.
Action for partition of three town lots in the city of Perryville, Missouri. From a judgment of the circuit court denying partition of one of ' said lots, plaintiffs appeal. •
One Henry Hooss died in 1868, seized of real estate estimated to be worth six to eight thousand dollars, and owing debts aggregating about four thousand dollars. He was survived by his wife, Barbara Hooss, who died in 1905.' Mr. Hooss was also survived by eight children. One of them, Magdalena Dewein, a daughter, died in 1901, and the plaintiffs herein are her children. Defendants are the other seven children of said…
2Cases cited2 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Dougherty v. DoughertySupreme Court of Missouri · 1907
3Cited by4 opinions
- Lupton v. Leander Clark CollegeSupreme Court of Iowa · 1922
- Schell v. Leander Clark CollegeDistrict Court, N.D. Iowa · 1926
- Priest v. McFarlandSupreme Court of Missouri · 1914
- Snyder v. PatrickMissouri Court of Appeals · 1914