Whitelaw v. Rodney
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court, — Hon. Henry G. Riley, Judge. (1) The devise to Ella Wall Rodney and Louis L. Rodney vested title in them in fee simple.
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Appeal from Cape Girardeau Circuit Court, — Hon. Henry G. Riley, Judge. (1) The devise to Ella Wall Rodney and Louis L. Rodney vested title in them in fee simple. (2) The provision that the premises devised were “to be used by them in common in connection with the realty herein devised to them, and adjoining same on the north,” is merely precatory or declaratory, and does not amount to a restriction or a condition subsequent, because: (a) So construed it would be repugnant to and inconsistent with the grant of a fee. A limitation or restriction repugnant to or inconsistent with the estate…
1Opinion of the CourtWoodson, J.
— This is a suit for the partition of certain real estate situate in the city of Cape Girardeau.
William F. Rodney was the common source of title. On May 8, 1899, he executed his last will, by which he devised to the defendant, Ella W. Rodney, his wife, and to Louis L. Rodney, his brother, several tracts of land, including the one in question. After the will was duly probated, Louis L. Rodney, on November 6, 1903, by deed, sold and conveyed all his right, title and interest in and to said lands to Rodney G. White-law, the plaintiff, who brought this suit.
Ella W. Rodney appeared and filed her…
2Cases cited3 opinions
- Small v. FieldSupreme Court of Missouri · 1890
- Sharp v. CheathamSupreme Court of Missouri · 1885
- Tebow v. DoughertySupreme Court of Missouri · 1907
3Cited by4 opinions
- Bladdick v. Ozark Ore Co.Supreme Court of Missouri · 1964
- Litchfield v. BoogherSupreme Court of Missouri · 1911
- Clevenger v. MuellerMissouri Court of Appeals · 1977
- Bladdick v. Ozark Ore Co.Supreme Court of Missouri · 1964