Burnet v. Burnet
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. E. Withrow, Judge. (1) The will of Eliza F. Andrews vested only a life estate in Sarah Burnet as to the property in controversy. Munro v. Collins, 95 Mo. 33; Bramell v. Cole, 136 Mo. 212; Smith v. Bell, 6 Peters, 84. (2) Even if Sarah Burnet had a power" of disposition, the ■conveyance to George Burnet was not a valid exercise of the power.
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Appeal from St. Louis City Circuit Court. — Hon. J. E. Withrow, Judge. (1) The will of Eliza F. Andrews vested only a life estate in Sarah Burnet as to the property in controversy. Munro v. Collins, 95 Mo. 33; Bramell v. Cole, 136 Mo. 212; Smith v. Bell, 6 Peters, 84. (2) Even if Sarah Burnet had a power" of disposition, the ■conveyance to George Burnet was not a valid exercise of the power. Harbison v. J ames, 90 Mo. 425; Buford v. Aldridge, 165 Mo. 425; Garland v. Smith, 164 Mo. 16. (3) An added power of disposition does not convert a life estate into a fee or absolute title, whether the…
1Opinion of the Court
OPINION.
BOND, C.
I. The question presented,by this appeal is the meaning of the testatrix as expressed in the *497tenth clause of her will. The subject-matter of the devise contained in that clause was personal and real estate. When it was made the testatrix had no direct descendants, but had a sister, Sarah F. Burnet, who was the mother of three living children and the grandmother of the two plaintiffs, whose father, the son of said Sarah F. Burnet, had died, leaving plaintiffs his only heirs. These facts were in the mind and purpose of the testatrix when the tenth clause of her will was drawn.…
2Cases cited3 opinions
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Cornwell v. WulffSupreme Court of Missouri · 1899
- McMillan v. FarrowSupreme Court of Missouri · 1897
3Cited by37 opinions
- Cook v. HigginsSupreme Court of Missouri · 1921
- Edwin O. Bookwalter, District Director of Internal Revenue v. Maude H. Lamar, Personally and as of the Estate of Frederick C. Lamar, DeceasedCourt of Appeals for the Eighth Circuit · 1963
- Scullin v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1950
- Abbott v. WagnerNebraska Supreme Court · 1922
- Coleman v. HaworthSupreme Court of Missouri · 1928
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