Wood v. Ogden
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Son. James E. Sazell, Judge. (1) If the estate taken under the will is a conditional estate, then non-performance of the condition, if it is a condition subsequent, does not divest the estate. Weinrich v. Weinrich, 18 Mo. App. 364; Ellis v. Kyger, 90 Mo. 600; O’Brien v. Wagner, 94 Mo. 93; Ruddick v. Railroad, 116 Mo. 25. (2) The words on condition, provided, etc., are not sufficient to limit the estate. Still-well v. Railroad, 39 Mo.
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Appeal from Moniteau Circuit Court. — Son. James E. Sazell, Judge. (1) If the estate taken under the will is a conditional estate, then non-performance of the condition, if it is a condition subsequent, does not divest the estate. Weinrich v. Weinrich, 18 Mo. App. 364; Ellis v. Kyger, 90 Mo. 600; O’Brien v. Wagner, 94 Mo. 93; Ruddick v. Railroad, 116 Mo. 25. (2) The words on condition, provided, etc., are not sufficient to limit the estate. Still-well v. Railroad, 39 Mo. App. 221. (3) If performance of condition is not expressly imposed upon the heirs its breach will not work forfeiture, or…
1Opinion of the CourtJohnson, J.
This is an action in equity to enforce a provision in the will of John Wood, deceased, by which in consideration of the devise of certain lands to John B. Wood, son of the testator, the said devisee was required to support and maintain plaintiff during her natural life. It is conceded that the testator died October 13, 1888, and that his son entered into the possession of the land devised and enjoyed the same until his death, which occurred June 5, 1889. He left surviving him, his widow Viola (the defendant Viola Ogden), who in September following gave birth to a posthumous son (the minor…
2Cases cited2 opinions
- Alexander v. AlexanderSupreme Court of Missouri · 1900
- Sands v. ChamplinU.S. Circuit Court for the District of Rhode Island · 1840
3Cited by4 opinions
- Muench v. South Side National BankSupreme Court of Missouri · 1952
- Galbraith v. PenningtonMissouri Court of Appeals · 1914
- Lucas v. ScottCourt of Appeals for the Ninth Circuit · 1917
- Wood v. OgdenMissouri Court of Appeals · 1907