Tremmel v. Kleiboldt
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The estate of Louisa Kleiboldt, defendant’s wife, was a life-estate, with power of appointment. The contingent remainder to her heirs could only unite with her life-estate, so as to give her the fee, by virtue of the rule in Shelley’s Case, which does not exist in Missouri.— 2 Wag. Stats., 1351, sect. 6 ;2 Washb. on Beal Prop.
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Appeal from St. Louis Circuit Court. The estate of Louisa Kleiboldt, defendant’s wife, was a life-estate, with power of appointment. The contingent remainder to her heirs could only unite with her life-estate, so as to give her the fee, by virtue of the rule in Shelley’s Case, which does not exist in Missouri.— 2 Wag. Stats., 1351, sect. 6 ;2 Washb. on Beal Prop. (4th ed.), top pp. 598, 599 ; Pendleton v. Bell, 32 Mo. 100. Even the rule in Shelley ’s Case would not enlarge the wife’s estate into a fee, her estate for life being equitable, and the remainder, as executed by the statute, being…
1Opinion of the CourtHayden, J.
This is an action of ejectment. The plaintiff Elizabeth Tremmel is the daughter of the defendant and his deceased wife Louisa. The defendant claims possession as tenant by the curtesy, and his title depends upon a deed,to the following effect: The defendant, in consideration of love and affection, conveyed to one Wittier and heirs, as trustee for his wife Louisa, the property in trust for her sole and separate use, and Wittier “ hereby covenants and agrees to and with the said Louisa Kleiboldt that he will suffer and permit her without let or molestation to have, hold,'use, occupy, and enjoy…
2Cases cited10 opinions
- Green v. SuttonSupreme Court of Missouri · 1872
- Waters v. TazewellCourt of Appeals of Maryland · 1856
- Stewart v. StewartNew York Court of Chancery · 1823
- Alexander v. WarranceSupreme Court of Missouri · 1852
- Baker v. NallSupreme Court of Missouri · 1875
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3Cited by4 opinions
- Depue v. MillerWest Virginia Supreme Court · 1909
- Gray v. ClementSupreme Court of Missouri · 1922
- McTigue v. McTigueSupreme Court of Missouri · 1893
- Soltan v. SoltanSupreme Court of Missouri · 1887