Jackson v. Littell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) If the testator devise a fee simple or generally to the first taker with an absolute power of disposal in him, and there is neither by express words or implication a mere life estate created in the first taker, all subsequent grants in the will must fail, because repugnant to the first grant and because it conflicts with a settled rule of law.
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Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) If the testator devise a fee simple or generally to the first taker with an absolute power of disposal in him, and there is neither by express words or implication a mere life estate created in the first taker, all subsequent grants in the will must fail, because repugnant to the first grant and because it conflicts with a settled rule of law. Roth v. Rauschenbush, 173 Mo. 592; Grace v. Perry, 197 Mo. 564; Green v. Sutton, 50 Mo. 186; G-annon v. Pauk, 200 Mo. 75. (2) The title to the real estate conveyed by the deed would be…
1Opinion of the CourtGantt, J.
This is an action begun in the circuit court of Jackson county to construe the last will and testament of Archibald Littell, deceased. The case was tried upon the following agreed statement of facts:
“Plaintiffs and defendant by their respective attorneys hereby stipulate and agree as follows:
“1. That Archibald Littell died on the — day of July, 1903, testate, seized and possessed of the real estate described in the petition, leaving as his heirs and devisees his widow, Catharine Littell, and his children, the plaintiffs and defendant in the above-entitled cause.
“2. The said decedent made and…
2Cases cited5 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Green v. SuttonSupreme Court of Missouri · 1872
- Roberts v. CrumeSupreme Court of Missouri · 1903
- Tremmel v. KleiboldtSupreme Court of Missouri · 1881
- Cook v. CouchSupreme Court of Missouri · 1889
3Cited by13 opinions
- Housman v. LewellenSupreme Court of Missouri · 1951
- Roberts v. MoselySupreme Court of Florida · 1930
- Cornet v. CornetSupreme Court of Missouri · 1913
- Gibson v. GibsonSupreme Court of Missouri · 1912
- Vaughan v. ComptonSupreme Court of Missouri · 1950
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