Waddle v. Frazier
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Eon. John P.. Butler, Judge. (1) The deed from James Lee and wife to Malinda Frazier and the heirs of her body, created an estate tail, and by the statute then in force vested in her a life estate, remainder in fee to her issue, and she dying without issue, remainder in fee to her heirs.
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Appeal from Sullivan Circuit Court. — Eon. John P.. Butler, Judge. (1) The deed from James Lee and wife to Malinda Frazier and the heirs of her body, created an estate tail, and by the statute then in force vested in her a life estate, remainder in fee to her issue, and she dying without issue, remainder in fee to her heirs. Sec. 5, Ch. 32, R. S. 1855; Clarkson v. Clarkson, 125 Mo. 381. (2) The widower is an heir of his wife, and under the statute is entitled to the one-half of the real estate. Sec. 2938, R. S. 1899. (3) And the statute applies to those who were married before as well as…
1Opinion of the CourtFeeeiss, J.
— This is a suit to partition forty acres of land. The original parties are the collateral heirs of Malinda Frazier, who died in 1907. This forty acres was conveyed to said Malinda. by her father in 1860 — to her “and to the heirs of her body.” She died without issue. The record shows that in April, 1860, James Lee and wife, by general warranty deed, conveyed to William Frazier, the appellant, the southwest quarter of the northeast quarter of section twenty, township sixty-two, range nineteen, in Sullivan county, for a recited consideration of three hundred dollars. In May, 1860, the said…
2Cases cited16 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Allen v. LoganSupreme Court of Missouri · 1888
- Hosford v. MerwinNew York Supreme Court · 1848
- Dameron v. JamesonSupreme Court of Missouri · 1879
- Ruggles v. RandallSupreme Court of Connecticut · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Missouri Cafeteria, Inc. v. McVeySupreme Court of Missouri · 1951
- Hurst Automatic Switch & Signal Co. v. Trust CompanySupreme Court of Missouri · 1921
- In re Bullen's EstateUtah Supreme Court · 1915
- Phelps v. ScottSupreme Court of Missouri · 1930
- Krause v. Jeannette Investment Co.Supreme Court of Missouri · 1933
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