Wommack v. Whitmore
Supreme Court of Missouri
1. Conveyances — Wills—Life estate — Power of disposition — Case stated — Estate conveyed. — It is generally true that ah absolute power of disposition over property conferred by will, and not controlled by any provision or limitation, amounts to an absolute gift of the property; but where a life estate only is expressly given, the ruléis otherwise.
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1. Conveyances — Wills—Life estate — Power of disposition — Case stated — Estate conveyed. — It is generally true that ah absolute power of disposition over property conferred by will, and not controlled by any provision or limitation, amounts to an absolute gift of the property; but where a life estate only is expressly given, the ruléis otherwise. (Rubey vs. Burnett, 12Mo., 1; Gregory vs. Cowgill, 19 Mo., 4:15.) A deed conveyed property to a trustee for the special use and benefit of the grantor’s wife and her children, and the habendum clause expressed the conveyance to be for the special…
1Opinion of the CourtVories, Judge
This action was brought in the St. Charles Circuit Court on the 8th day of February, 1872, for the partition of certain real estate situate in St. Charles county, in the petition described. It is charged by the petition that one Benj. F. Whitmore, late of said county, on the 22nd day of December, 1863, was seized and possessed in fee, of certain real estate in said county; that by his deed of that date, he conveyed to the defendant, Ignatius Gardiner, all of certain lands which are described in the petition,, the same being a tract of land consisting of several hundred acres together with two…
2Cases cited6 opinions
- Forder v. DavisSupreme Court of Missouri · 1866
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Rozier v. GriffithSupreme Court of Missouri · 1860
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Gregory v. CowgillSupreme Court of Missouri · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Doren v. GillumIndiana Supreme Court · 1894
- Beedy v. FinneySupreme Court of Iowa · 1902
- Haeussler v. Missouri Iron Co.Supreme Court of Missouri · 1892
- Shepperd v. FisherSupreme Court of Missouri · 1907
- Estes v. NellSupreme Court of Missouri · 1897
7 more not listed; retrieve them via the Exa API.