Lockridge v. Mace
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. Even conceding that the devise to the great grandchildren is void, the whole of the third clause of the will is not, therefore, void. Sections 4 and 6, page 442, G-eneral Statutes, 1865, abolishing entails applies to this case. (1) Under the will the four' children became tenants in common (not joint tenants) of the land. Gr. S. 1865, sec. 12, p. 445. (2) The third section is void as creating a perpetuity.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. Even conceding that the devise to the great grandchildren is void, the whole of the third clause of the will is not, therefore, void. Sections 4 and 6, page 442, G-eneral Statutes, 1865, abolishing entails applies to this case. (1) Under the will the four' children became tenants in common (not joint tenants) of the land. Gr. S. 1865, sec. 12, p. 445. (2) The third section is void as creating a perpetuity. Lord Coke in Partington Case, 10 Rep. 42&; Wilson v. Cockerill, 8 Mo. 1; Vaughan v. Gray, 17 Mo. 429; Halbert v. Halbert, 21…
1Opinion of the CourtSherwood, P. J.
This litigation, begun in June, 1889, grows out of a contract in writing entered into between the plaintiff and defendant, whereby the former agreed to convey to the latter a certain undivided one-half of real estate, which he claimed under third clause of the will of his father, Thomas J. Lockridge, who as the owner of the land executed the will in 1867, and died in 1868.
Said clause is the following: “Third. I do hereby give and devise unto my children now born and which may hereafter be born, and to the issue of their bodies, as a life-estate only, to said two generations, my home farm…
2Cases cited1 opinion
- St. Amour v. RivardMichigan Supreme Court · 1852
3Cited by16 opinions
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- Shepperd v. FisherSupreme Court of Missouri · 1907
- Schee v. BooneSupreme Court of Missouri · 1922
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