Warne v. Sorge
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Now. Joseph J. Williams, Judge. The deed created a contingent remainder. It is to the child or children surviving the life tenant.' Until termination of the life estate it could not be known who would take the remainder.
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Appeal from Jefferson Circuit Court. — Now. Joseph J. Williams, Judge. The deed created a contingent remainder. It is to the child or children surviving the life tenant.' Until termination of the life estate it could not be known who would take the remainder. Buxton v. Kroeger, 219 Mo. 224. ■ (1) In construction of deeds as well as wills the intention of parties should he considered, especially that of grantor. 13 Cyc. 601; Waddell v. Waddell, 99 Mo. 338 ; Tindall v. Tindall, 167 Mo. 224. (2) A resort to extrinsic facts and circumstances may become necessary to ascertain who the grantees are.…
1Opinion of the Court
BROWN, J. —
Action to determine the title to real estate and for partition. From a decree adjudging the defendants to own one-half of the land and directing a sale in. partition, the plaintiffs appeal.
The four plaintiffs (appellants) are the surviving children of one Charles G. Warne, who died March 4, 1909. The defendants are grandchildren of Charles G. Warne, whose parents died prior to the death of said Charles G. Warne, which fact becomes -an important item in this cause* as will hereafter appear.
On December 31,1861, one Timothy B. Edgar held the title to a one-hundred-acre farm situated…
2Cases cited12 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Cross v. HochSupreme Court of Missouri · 1899
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Tindall v. TindallSupreme Court of Missouri · 1902
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3Cited by10 opinions
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Snadon v. GayerMissouri Court of Appeals · 1978
- Bennett v. HumphreysSupreme Court of Kansas · 1945
- McFarland v. BishopSupreme Court of Missouri · 1920
- St. Louis Union Trust Co. v. ClarkeSupreme Court of Missouri · 1944
5 more not listed; retrieve them via the Exa API.