Preston v. Brant
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) Under tile Missouri statute governing partition, a remainderman or reversioner in fee of an undivided interest in land tenements or hereditaments held in joint tenancy, tenancy in common or coparcenary may maintain a suit for partition against the owners of the other undivided interest in the remainder, "the whole premises being subject to a life estate unexpired.
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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) Under tile Missouri statute governing partition, a remainderman or reversioner in fee of an undivided interest in land tenements or hereditaments held in joint tenancy, tenancy in common or coparcenary may maintain a suit for partition against the owners of the other undivided interest in the remainder, "the whole premises being subject to a life estate unexpired. R. S. 1879, secs. 3339, 3341, 3343; Reinders v. Koppelman, 68 Mo. 501-2; Blakely v. Calder, 15 N. Y. 625-6 ; Scomlle v. Hilliard, 108 111. 455-6; Cook v.…
1Opinion of the CourtNorton, C. J.
This is a suit for the partition of certain lands described in the petition. The suit was dismissed by the circuit court, and from the judgment entered upon the dismissal, plaintiffs have appealed; and the controlling point in controversy is as to what construction ought to be given to the third clause of the will of Joshua B. Brant. In this clause, the testator devises to his wife certain real estate set out in plain- • tiffs’ petition, and is the subject in controversy in this suit, the habendum clause being as follows: “To have and to hold the said real estarte described in this section,…
2Cases cited3 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Bassett v. GrangerMassachusetts Supreme Judicial Court · 1868
- Walker v. Griffin's HeirsSupreme Court of the United States · 1826
3Cited by20 opinions
- Chew v. KellerSupreme Court of Missouri · 1889
- Sherwood v. BakerSupreme Court of Missouri · 1891
- Dickerson v. DickersonSupreme Court of Missouri · 1908
- Stockwell v. StockwellSupreme Court of Missouri · 1914
- Carson v. HeckeSupreme Court of Missouri · 1920
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