Gates v. Seibert
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The fifth clause of the will of John Gates, deceased (being the clause under which plaintiffs claim), violates tbe rale against perpetuities, and the limitation over is void, and the estate vested in Jacob S. Oates in fee, or, if the whole clause is void, the land descended to all of the heirs of John Gates; none of the title vested in the plaintiffs in either event, for that to which Jacob S.…
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The fifth clause of the will of John Gates, deceased (being the clause under which plaintiffs claim), violates tbe rale against perpetuities, and the limitation over is void, and the estate vested in Jacob S. Oates in fee, or, if the whole clause is void, the land descended to all of the heirs of John Gates; none of the title vested in the plaintiffs in either event, for that to which Jacob S. Gates was entitled, either whole or part, and that portion thereof that he acquired by deed from the other heirs, he…
1Opinion of the CourtValliant, J.
This is an action of ejectment coming from the circuit court of St. Louis county.
The land was owned by John Gates in his lifetime who died testate in 1872, leaving surviving him his widow, Levina Gates, and three children, to-wit: Jacob S. Gates (then unmarried), William J. Gates (married), Levina H., wife of Chadwick Gillum. By his will John Gates disposed of all *264his property, giving most of it to bis children. In the first clause of the will the testator directs that his debts he paid, in the second he provides for his widow, and in the third, fourth and fifth for his three children. The…
2Cases cited10 opinions
- Carroll v. CarrollTexas Supreme Court · 1858
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Aubuchon v. BenderSupreme Court of Missouri · 1869
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Lyon v. LyonSupreme Judicial Court of Maine · 1896
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3Cited by40 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Klingman v. GilbertSupreme Court of Kansas · 1913
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
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