Spencer v. O'Neill
Supreme Court of Missouri
Appeal from St. Lou,is City Circuit Court.—-TIon. Siiepard Barclay, Judge. (1) Under tlie deed to Baylia, trustee for Mary Catlierine O’Neill, Jolin O’Neill, at Ms wife’s death, took a life-estate, as tenant by the curtesy, and his possession ’ was in his own right. (a) When Mary Catherine O’Neill died, the estate of Charles Bayha, the trustee, became executed in Mary Gr. O’Neill, subject to the life-estate of her father, John O’Neill, as tenant by the curtesy.
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Appeal from St. Lou,is City Circuit Court.—-TIon. Siiepard Barclay, Judge. (1) Under tlie deed to Baylia, trustee for Mary Catlierine O’Neill, Jolin O’Neill, at Ms wife’s death, took a life-estate, as tenant by the curtesy, and his possession ’ was in his own right. (a) When Mary Catherine O’Neill died, the estate of Charles Bayha, the trustee, became executed in Mary Gr. O’Neill, subject to the life-estate of her father, John O’Neill, as tenant by the curtesy. Roberts v. Mosely, 51 Mo. 282; Baker r. Nall, 59 Mo. 265; Tremmel v. Kleiboldt, 75 Mo. 255. (5) The court erred in excluding the…
1Opinion of the CourtSherwood, J.
Ejectment for lots 31 and 32 in city block 466, east, of the city of St. Louis. The property fronts on Autumn street. Action brought June 11, 1884. Answer a general denial.
'Under stipulations, admissions were made that the defendant was in the. possession of the premises, when suit was brought, and that the monthly value thereof was fifty dollars per month, and that Jno. O’Neill, the husband of Mary Catherine O’Neill, and afterward of Magdalena C. O’Neill, died in March, 1884.
*53Plaintiffs offered in evidence a deed from Elkanah English and wife to Charles Bayha as trustee for Mary Catherine…
2Cases cited4 opinions
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Avery v. FitzgeraldSupreme Court of Missouri · 1887
- Foster v. EvansSupreme Court of Missouri · 1872
- Ekey v. IngeSupreme Court of Missouri · 1885
3Cited by7 opinions
- Gray v. ClementSupreme Court of Missouri · 1922
- Acton v. CulbertsonSupreme Court of Oklahoma · 1913
- Speed v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1901
- Comstock v. EastwoodSupreme Court of Missouri · 1891
- McTigue v. McTigueSupreme Court of Missouri · 1893
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