Payne v. Payne
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. -W. W. Edwards, Judge. (1) The court below erred in. holding that the fee simple title to the tract of land described in the petition passed and descended to the heirs of Benjamin H. Payne at the moment of his death, and did not pass and descend to his heirs at the moment of the death of his widow, Adelia R. Payne. Jones v. Waters, 17 Mo. 587; Aubv,chonv. Bender, 44 Mo. 560; Fmisonv. Whittelsey, 55 Mo. 254; BeLassus p.
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Appeal from St. Charles Circuit Court. — Hon. -W. W. Edwards, Judge. (1) The court below erred in. holding that the fee simple title to the tract of land described in the petition passed and descended to the heirs of Benjamin H. Payne at the moment of his death, and did not pass and descend to his heirs at the moment of the death of his widow, Adelia R. Payne. Jones v. Waters, 17 Mo. 587; Aubv,chonv. Bender, 44 Mo. 560; Fmisonv. Whittelsey, 55 Mo. 254; BeLassus p. Gatewood, 71 Mo. 371; Waddel v. Waddle, 99 Mo. 338. (2) The court below erred in holding that under her election to be endowed…
1Opinion of the CourtBlack, P. J.
This was a suit for the partition of four hundred arpents of land situate in the county of St. Charles. The facts are to the following effect: On the twelfth of December, 1863, Benjamin H. Payne and Adelia R. Gray entered into a marriage contract, the eight clause of which is as follows:
“Clause eight. In consideration of said future marriage and the sum of one dollar to me Benjamin H. Payne, paid in hand by the said Adelia R. Gray, the receipt whereof is hereby acknowledged and the stipulations hereinafter named, I hereby grant, bargain, sell, convey, remise and release unto the said Adelia…
2Cases cited1 opinion
- Ellis v. KygerSupreme Court of Missouri · 1886
3Cited by6 opinions
- Moore v. HoffmanSupreme Court of Missouri · 1931
- Byrd v. AllenSupreme Court of Missouri · 1942
- Martin v. TrailSupreme Court of Missouri · 1897
- Cave v. WellsSupreme Court of Missouri · 1928
- State v. ParkerMissouri Court of Appeals · 1987
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