Legal Opinion

Melvin v. Hoffman

Supreme Court of Missouri

Decided November 30, 1921PublishedCited by 32 opinions

Appeal from Pettis Circuit Court. — Eon. Hopkins B. Sham, Judge. (1) The trust deed is not void because in contravention of the rule against perpetuities, (a) The rule is directed only against future contingent interests and has no application to interests which necessarily vest (in right as distinguished from enjoyment) • during a' life or lives in being and twenty-one years thereafter. Gates y. Seibert, 157 Mo. 254; Deacon y.

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Appeal from Pettis Circuit Court. — Eon. Hopkins B. Sham, Judge. (1) The trust deed is not void because in contravention of the rule against perpetuities, (a) The rule is directed only against future contingent interests and has no application to interests which necessarily vest (in right as distinguished from enjoyment) • during a' life or lives in being and twenty-one years thereafter. Gates y. Seibert, 157 Mo. 254; Deacon y. Trust Co., 271 Mo. 695. (b) All estates created by this instrument so vest within lives in being and twenty-one years. First, the trustees estate vested upon the…

1Opinion of the Court

The question presented in this case is, whether the defendants, Lula Melvin Thomson and Nannie M. May, appellants, have a valid remainder in the real estate described in the petition, by virtue of a certain trust deed dated December 31, 1903, made by the plaintiff to defendant, Louis Hoffman, as trustee. Said deed of trust is in words and figures, as follows:

"This indenture made and entered into this 31st day of December, 1903, by and between Thomas B. Melvin of Pettis County, Missouri, party of the first part, and Louis Hoffman of Sedalia, Missouri, party of the second part, witnesseth, that…

2Cases cited17 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
  3. Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
  4. Donnell v. WrightSupreme Court of Missouri · 1899
  5. Chouteau v. GibsonSupreme Court of Missouri · 1882

12 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Osterberger v. Hites Construction Co.Missouri Court of Appeals · 1980
  2. Rossi v. DavisSupreme Court of Missouri · 1939
  3. Barkley v. Carter County State BankMissouri Court of Appeals · 1990
  4. Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
  5. Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933

27 more not listed; retrieve them via the Exa API.

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