Allen v. Claybrook
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. The deed of Jane Allen to Mrs. Claybrook conveyed the entire land involved in this suit. The doctrine held in 2 Redf. "Wilis, [1st. Ed.,] pp. 380-381, § 6, is, that a gift to one and the “issue” or children, etc. etc., is an absolute gift to the person named, and that the words “ issue,” etc. etc., were to be construed as words of limitation 'and not a purchase. (See also Id., pp. 360, 363, 384-385.) II.
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Appeal from Adair Circuit Court. I. The deed of Jane Allen to Mrs. Claybrook conveyed the entire land involved in this suit. The doctrine held in 2 Redf. "Wilis, [1st. Ed.,] pp. 380-381, § 6, is, that a gift to one and the “issue” or children, etc. etc., is an absolute gift to the person named, and that the words “ issue,” etc. etc., were to be construed as words of limitation 'and not a purchase. (See also Id., pp. 360, 363, 384-385.) II. A bequest of the residue of an estate is to be regarded as personalty. (Durour vs. Motteaux, 1 Yes., 320-1.) The trust being money, the fact that it was…
1Opinion of the CourtVories, Judge
This was an action of ejectment, brought for the recovery of the possession of one undivided eighth part of the east half of the south-west fourth and the south-east quarter of section thirty-two, and the west half of the south-west quarter of section thirty-four, all in township sixty-four and range seventeen, in Adair county, Missouri.
The petition is in the usual form. The answer of the defendants first denies the facts stated in the petition, and then by way of special defense, sets up title in the defendant, Sarah E. Claybrook, and as to one quarter section of the land the defendant…
2Cases cited2 opinions
- Hamilton v. PitcherSupreme Court of Missouri · 1873
- English v. BeehleSupreme Court of Missouri · 1862
3Cited by12 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Thomas v. BlackSupreme Court of Missouri · 1892
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Boman v. BomanCourt of Appeals for the Ninth Circuit · 1892
- State ex rel. Haines v. TolsonSupreme Court of Missouri · 1880
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