Chew v. Keller
Supreme Court of Missouri
Appeal from Si. Louis City Circuit Court.—Hon. L. B. Yalliant, Judge. (1) The clause, “And, in case either of them shall die before the said Jemima, then the heirs of such persons so dying shall take his or her portions so devised,” is substitutional, creating new and independent objects of the testator’s bounty. Jarman on Wills [5 Am. Ed.] ch. 30, p. 742, notes by Randolph and Talcott; Tillman v. Sullivan, 63 How.
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Appeal from Si. Louis City Circuit Court.—Hon. L. B. Yalliant, Judge. (1) The clause, “And, in case either of them shall die before the said Jemima, then the heirs of such persons so dying shall take his or her portions so devised,” is substitutional, creating new and independent objects of the testator’s bounty. Jarman on Wills [5 Am. Ed.] ch. 30, p. 742, notes by Randolph and Talcott; Tillman v. Sullivan, 63 How. Pr. 356, affirmed 95 N. Y. 17; Drake v. Pell, 3 Edward Ch. Rep. 251; Burnes v. Labough, 38 Hun. 524, aif. by N. Y. Ct. App., 5 Cent. Rep. 405; Chew' s' App., 37 Pa. St. 24;…
1Opinion of the CourtBlack, J.
This suit has for its object the specific performance of a contract for the sale of the two-ninths of the undivided one-half of the described real estate situated in the city of St. Louis. The plaintiffs are the vendors, and the defense is that they have no title to the property; and whether they have any title depends upon the construction to be given to the will of Jesse G. Lindell, who died in February, 1858, the will being dated in January of that year. Jesse G. Lindell left a large landed estate of the assessed value of six hundred thousand dollars, incumbered by mortgages to the amount…
2Cases cited11 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Tillman v. . DavisNew York Court of Appeals · 1884
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Bredell v. CollierSupreme Court of Missouri · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- McDougal v. McDougalMissouri Court of Appeals · 1955
- Melvin v. HoffmanSupreme Court of Missouri · 1921
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Tindall v. TindallSupreme Court of Missouri · 1902
27 more not listed; retrieve them via the Exa API.