Murphy v. Gabbert
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. K. B. Randolph, Special Judge. ' (1) The writing under which respondents claim title is testamentary in character and is therefore void as a deed. Under all the authorities an instrument of writing, to be good as a deed, must pass a present interest in the property. Where it takes effect and becomes operative alone upon the death of the maker, it is testamentary in character and insufficient as a deed.
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Appeal from Buchanan Circuit Court. — Hon. K. B. Randolph, Special Judge. ' (1) The writing under which respondents claim title is testamentary in character and is therefore void as a deed. Under all the authorities an instrument of writing, to be good as a deed, must pass a present interest in the property. Where it takes effect and becomes operative alone upon the death of the maker, it is testamentary in character and insufficient as a deed. Miller v. Holt, 68 Mo. 584; Devlin on Deeds, secs. 309, 853, 854; Pinkham v. Pinkham, 55 Neb. 729; Turner v. Scott, 51 Pa. St. 126; Leaver v. Gauss,…
1Opinion of the CourtBurgess, J.
This suit was begun on March 7, 1898, by plaintiff filing before a justice of the peace of Buchanan county a complaint under chapter 96, Revised Statutes 1889, in regard to landlords and tenants, against the defendant William Gabbert, and suing out process thereon, for the possession of a small tract of land in that county. Thereafter Gabbert filed an affidavit in which it was alleged that the title to real estate was involved in the controversy, whereupon the justice certified the case to the circuit court.
After the case reached the circuit court other parties were made plaintiffs and…
2Cases cited11 opinions
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Leaver v. GaussSupreme Court of Iowa · 1883
- White v. HopkinsSupreme Court of Georgia · 1887
- Hazleton v. ReedSupreme Court of Kansas · 1891
- Pinkham v. PinkhamNebraska Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Sims v. BrownSupreme Court of Missouri · 1913
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Shaull v. ShaullSupreme Court of Iowa · 1918
- Trumbauer v. RustSouth Dakota Supreme Court · 1915
18 more not listed; retrieve them via the Exa API.