Kavanaugh v. Shaughnessy
Missouri Court of Appeals
.Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Undue and unearned rent is not a demand within the sense and meaning of the use of the term in Revised Statutes, 1889, section 203, allowing undue claims to be proved against a decedent’s estate.
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.Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Undue and unearned rent is not a demand within the sense and meaning of the use of the term in Revised Statutes, 1889, section 203, allowing undue claims to be proved against a decedent’s estate. Rent is not debitvm in prcesenti, solvendum in futuro ; it is a mere contingency, so strongly incident to the reversion, that the law will not separate the one from the other ; it has all the contingencies of the reversion; there is no obligation until the actual use of the property, which use forms the consideration for the…
1Opinion of the CourtRombauer, P. J.
The plaintiff, by written lease, let certain premises to Joseph Kelly for. a term of years expiring August 1, 1891. Kelly went into possession, and during his lifetime paid the rent reserved. He died in 1887, and in July of that year the defendant qualified as his administrator, and immediately thereafter gave the statutory notice of his appointment. Thereafter the plaintiff exhibited sundry demands for rent, which had accrued under the-lease, in the probate court for allow- - anee against Kelly’s estate, and had the same allowed and classified. The rent under the lease was payable in monthly…
2Cases cited4 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Fourth National Bank v. NoonanSupreme Court of Missouri · 1885
- Barclay v. PicklesSupreme Court of Missouri · 1866
- Traylor v. CabanneMissouri Court of Appeals · 1879
3Cited by6 opinions
- Coleman v. Kansas CitySupreme Court of Missouri · 1943
- Stevens v. StevensSupreme Court of Missouri · 1903
- Elms Realty Co. v. WoodSupreme Court of Missouri · 1920
- Empire Paving & Construction Co. v. Prather's AdministratorMissouri Court of Appeals · 1894
- Morgan v. CharlesMissouri Court of Appeals · 1890
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