Hazel v. Hagan
Supreme Court of Missouri
Error to First District Court. I. The will does not vest in said executrix the fee-simple title, hut only a life interest in said lands. Neither is there any special power in the will authorizing her to convey said land. "(4 Kent, 360 et seq.; 3 Hill, 361; Franklin v. Osgood, 14 Johns. 560; 11 Johns. 169; 17 Mo. 98.) II.
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Error to First District Court. I. The will does not vest in said executrix the fee-simple title, hut only a life interest in said lands. Neither is there any special power in the will authorizing her to convey said land. "(4 Kent, 360 et seq.; 3 Hill, 361; Franklin v. Osgood, 14 Johns. 560; 11 Johns. 169; 17 Mo. 98.) II. Even if the will authorized the executrix to make a conveyance of said land, the deed made by Susan Hughes to Theresa Vineyard is void to pass the fee-simple title to the real estate specified in said deed, for the reason that there is no sufficient reference in said deed to…
1Opinion of the CourtWagner, Judge
This was a proceeding in ejectment to obtain possession of certain real estate situated in Moniteau county. The right of the parties spring out of and are to be determined by construing the will of John W. Hughes, deceased. Hughes, previous to his death, made his last will and testament, and among other provisions the will contains the following clause: “4th. I will that my beloved wife raise my three youngest children, John C., Alexander J. and Susan Frances Hughes, and that they have a good common English education, and that they be subject to her control ,so long as she remains my widow or…
2Cases cited4 opinions
- Bredell v. CollierSupreme Court of Missouri · 1867
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Norcum v. D'ŒnchSupreme Court of Missouri · 1852
- Mayor and Council of Wilmington v. DurhamSuperior Court of Delaware · 1958
3Cited by15 opinions
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Cook v. HigginsSupreme Court of Missouri · 1921
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Green v. SuttonSupreme Court of Missouri · 1872
- Walton v. DrumtraSupreme Court of Missouri · 1899
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