Eneberg v. Carter
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. Turner A. G-ill, Judge. (1) On the principle that equity considers that as done which ought to have been done, it is well established that land directed to be sold and turned to money is to be regarded as personal property, and that it must be so considered in all questions arising with reference to its character, devolution and disposition. Two questions, then, present themselves in this case.
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Appeal from Jaclcson Circuit Court. — Hon. Turner A. G-ill, Judge. (1) On the principle that equity considers that as done which ought to have been done, it is well established that land directed to be sold and turned to money is to be regarded as personal property, and that it must be so considered in all questions arising with reference to its character, devolution and disposition. Two questions, then, present themselves in this case. First, whether there has been such a direction to sell the property in question as to bring the case within the limits of the doctrine of equitable…
1Opinion of the CourtSherwood, J.
— The clauses of the will which form the basis of the present contention read this way :
“ 7. After all the devises and bequests, above provided for, have been satisfied, I desire the remainder of my estate to be equally divided between my children, Mary D. Carter, Marion Alexander, Annie R. Carter, Elizabeth C. Webb and John L. Carter.
“9. I hereby appoint Jesse P. Alexander, of Jackson county, executor of my estate. I desire that my executor will dispose of all of my real estate as soon as it can be done without loss to my estate.”
The testator died in 1875; On the second day of March, 1882, a…
2Cases cited4 opinions
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Slattery v. JonesSupreme Court of Missouri · 1888
- Compton v. McMahanMissouri Court of Appeals · 1885
3Cited by19 opinions
- Beaver v. RossSupreme Court of Iowa · 1908
- Stewart v. JonesSupreme Court of Missouri · 1909
- Boland v. TiernaySupreme Court of Iowa · 1902
- Givens v. OttSupreme Court of Missouri · 1909
- Williams v. LobbanSupreme Court of Missouri · 1907
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