Simmons v. Cabanne
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. ID. D. Fisher, Judge. (1) While a general devise to one without specification of the interest devised, followed by an absolute power of disposal, without words indicating a contrary intent, will vest in the devisees a title in fee simple, yet where the devise is to one for life with a power of disposition, the power does not enlarge the life estate to one in fee simple.
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Appeal from St. Louis City Circuit Court. — Hon. ID. D. Fisher, Judge. (1) While a general devise to one without specification of the interest devised, followed by an absolute power of disposal, without words indicating a contrary intent, will vest in the devisees a title in fee simple, yet where the devise is to one for life with a power of disposition, the power does not enlarge the life estate to one in fee simple. Bramell v. Adams, 146 Mo. 81; McMillan v. Farrow, 141 Mo. 63; Evans v. Folks, 135 Mo. 403. (2) Nor need the gift be made in terms for life, in order to come within the meaning…
1Opinion of the Court
In Banc.
MARSHALL, J.
The following opinion heretofore rendered by Division Number One is hereby adopted as the opinion of the Court in Banc.
Robinson, G. J., and Brace, Gantt, Burgess and Fox, JJ., concur; Valliant, J., dissents.
In Division One.
MARSHALL, J.
This is a proceeding, under sections 650 and 651, Revised Statutes 1899, by the plaintiff, who is in the possession of lot 21 of Forest Park *345addition to the city of St. Lonis, fronting one hundred feet on the south line of Westmoreland Place, in United States Survey 2036, and who acquired an apparent fee-simple title thereto, by mesne…
2Cases cited1 opinion
- RoBards v. BrownSupreme Court of Missouri · 1902
3Cited by9 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Evans v. RankinSupreme Court of Missouri · 1931
- Gannon v. PaukSupreme Court of Missouri · 1906
- Lehmann v. JanesSupreme Court of Missouri · 1966
- Brooks v. BrooksSupreme Court of Missouri · 1905
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