Legal Opinion

Small v. Field

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 32 opinions

Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The devise to Kate Greene was a devise to her in trust for herself and children. Perry on Trusts [ 3 Ed.] pp. 18, 520, 521; Smith v. Bowen, 35 N. T. 83; Pomeroy’s Eq.

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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The devise to Kate Greene was a devise to her in trust for herself and children. Perry on Trusts [ 3 Ed.] pp. 18, 520, 521; Smith v. Bowen, 35 N. T. 83; Pomeroy’s Eq. Jur., sec. 1012; Woods v. Woods, 1 My. & Cr. 401; Berry v. Bryant, 2 Ur. & S. M. 1; Castle v. Castle, 1 UeG. & J. 352; Byne v. Blackburn, 26 Beav. 41; Carr v. Living, 28 Beav. 644; Redfleld on Wills [Ed. 1874] p. 702; Loring v. Loring, 100 Mass. 340; White v. White, -30 Vt. 338; Blouin v. Phaneuf, 16 Atl. Rep. 540. It was such a trust as was executed by the…

1Opinion of the CourtSherwood, J.

— This proceeding for the partition of lots 490, 491 and 492, in block 37, McGee’s addition to the City of Kansas, necessitates the construction of the will of Julia A. Rich ; and, upon this construction of *111the will, the point must be determined whether Mrs. Kate Greene, the daughter of the testatrix, took an estate in fee.

The will is as follows :

“ In the name of God, Amen. I, Julia A. Rich, of the county of Leavenworth, in the state of Kansas, being of sound mind, do make and declare this to be my last will and testament.
“ First. All my just debts and funeral expenses to-be fully paid.
“Second…

2Cases cited21 opinions

  1. The Confiscation CasesSupreme Court of the United States · 1874
  2. Roseboom v. . RoseboomNew York Court of Appeals · 1880
  3. Hall v. StephensSupreme Court of Missouri · 1877
  4. Clarke v. . LeuppNew York Court of Appeals · 1882
  5. Bredell v. CollierSupreme Court of Missouri · 1867

16 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Roth v. RauschenbuschSupreme Court of Missouri · 1903
  2. Yocum v. SilerSupreme Court of Missouri · 1901
  3. Murphy v. CarlinSupreme Court of Missouri · 1892
  4. Gannon v. AlbrightSupreme Court of Missouri · 1904
  5. Armor v. FreySupreme Court of Missouri · 1910

27 more not listed; retrieve them via the Exa API.

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