Heady v. Crouse
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — No». N. W. Johnson, Judge. (1) The estate conveyed by the will was a life estate to the wife, with a contingent remainder to the heirs of her body. Grodman v. Simmons, 113 Mo. 122; Emerson v. Hughes,-110 Mo. 627. (2) The heirs of the body of a tenant for life are not ascertainable until the death of the life tenant.
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Appeal from Lincoln Circuit Court. — No». N. W. Johnson, Judge. (1) The estate conveyed by the will was a life estate to the wife, with a contingent remainder to the heirs of her body. Grodman v. Simmons, 113 Mo. 122; Emerson v. Hughes,-110 Mo. 627. (2) The heirs of the body of a tenant for life are not ascertainable until the death of the life tenant. R. S. 1899, sec. 4594; Emerson v. Hughes, 110 Mo. 627. (3) While a contingent remainder is not a vested interest, yet it is such an interest under our statute as can be alienated. Reinders v. Koppleman, 68 Mo. 432; Lackland v. Nevins, 3 Mo.…
1Opinion of the CourtValliant, J.
Ejectment for certain land in Lincoln county. Charles M. Shelton was the common source of title; he died in 1848, leaving a wife but no *107child, and leaving also a will by which he devised the land in question to his wife Jane S. Shelton for life, remainder to the “heirs of her body.” After the death of the testator his widow married Joseph M. Heady by whom she had six children, Mary, Charles, Laura, Sarah, Annie and Joseph W. Mary married John Carson and died' before her mother, leaving two children, who are plaintiffs in this suit; Laura married Hawley Chappel and died before her mother,…
2Cases cited7 opinions
- Dodge v. ColeIllinois Supreme Court · 1881
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Tindall v. TindallSupreme Court of Missouri · 1902
- Kearney v. VaughanSupreme Court of Missouri · 1872
- Castleman v. RelfeSupreme Court of Missouri · 1872
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3Cited by13 opinions
- Brown v. BibbSupreme Court of Missouri · 1947
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