Bramell v. Adams
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge, (1) The will of Calvin Atkins gave Margaret A. Atkins a life estate in the property he died possessed of with absolute power of disposal and any disposition she made of the property in her lifetime was a legal exercise of the power given her and vested a legal title, in anyone to whom she gave it.
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Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge, (1) The will of Calvin Atkins gave Margaret A. Atkins a life estate in the property he died possessed of with absolute power of disposal and any disposition she made of the property in her lifetime was a legal exercise of the power given her and vested a legal title, in anyone to whom she gave it. Harris v. Knapp, 21 Pick. 416; Davis v. Boggs, 20 Ohio St. 550; Turner v. Timberlahe, 53 Mo. 371; McKenzie’s Appeal, 19 Am. Rep. 525; Beinclers v. Koppehnann, 68 Mo. 482; Scholl’s Appeal, 2 Atl. Rep. 538; Hazel v. Hagen, 47 Mo. 277;…
1Opinion of the CourtWilliams, J.
These cases were tried together in the circuit court and were submitted on the same evidence. The decree rendered is alike in each case, and was, apparently, intended to include the issues involved in all. The suits, for all practical purposes, were consolidated and treated as one.
The rights of the parties grow out of and depend upon the will of Calvin Atkins, deceased, which was admitted to probate in Moniteau county in the year 1884. The material parts thereof are as follows:
*76“I will that all my just debts be paid at as early a date as practicable, and the remainder that is left to go to my…
2Cases cited9 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Acton v. DooleySupreme Court of Missouri · 1881
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Gunter v. JanesCalifornia Supreme Court · 1858
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3Cited by26 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Strumberg v. Mercantile Trust CompanySupreme Court of Missouri · 1963
- Brickley v. LeonardSupreme Judicial Court of Maine · 1930
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