Buxton v. Kroeger
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. O’Neil Ryan, Judge. Under tbe deed in question, tlie children named in the deed acquired a vested remainder in the property thereby conveyed and upon the death of John Henry Lauman (one of the children so named) his interest, under his will, passed to his widow, the plaintiff, and she is therefore entitled to an undivided one-fourth interest in said property.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neil Ryan, Judge. Under tbe deed in question, tlie children named in the deed acquired a vested remainder in the property thereby conveyed and upon the death of John Henry Lauman (one of the children so named) his interest, under his will, passed to his widow, the plaintiff, and she is therefore entitled to an undivided one-fourth interest in said property. (1) Where the intention is doubtful, the remainder will be construed as vested rather than contingent, since the courts favor the vesting of remainders. (2) The word “heirs” will be…
1Opinion of the Court
FOX, J. —
This cause is now pending in this court upon appeal by the plaintiff from a judgment of the circuit court of the city of St. Louis.
*232There is no dispute about the facts developed upon the trial of this canse, and we deem it unnecessary to set ont in detail the agreed statement of facts or other testimony upon which this cause was submitted to the trial court. It is conceded in the briefs of learned counsel for both appellants and respondents that the rights of the parties to this litigation rest upon the proper interpretation of the deed, which was embraced in the agreed statement of…
2Cases cited6 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Emison v. WhittleseySupreme Court of Missouri · 1874
- DeLassus v. GatewoodSupreme Court of Missouri · 1880
- Gibson v. BogySupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Eckle v. RylandSupreme Court of Missouri · 1914
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Creek v. Union Nat. Bank in Kansas CitySupreme Court of Missouri · 1954
- Hauser v. MurraySupreme Court of Missouri · 1914
13 more not listed; retrieve them via the Exa API.