Grimes v. Rush

The underlying issue is whether a quitclaim deed passes a contingent remainder interest of the fourth class; that is, a contingent remainder wherein the person to take is not ascertained as of the date of the grant. More precisely: Does the quitclaim deed of presumptive "heirs of the body" of the life tenant during the life tenant's lifetime divest such grantors of their chance to succeed to the title in the event they survive and classify as "heirs of the body" on the death of the life tenant? [311] Missouri cases in effect rule the issue in the affirmative. The instant action was to…