Wisker v. Rische
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph HirzelJudge. (1) The death of Henry 0. Lay terminated the power granted to George J. Davis to sell and convey the land. The power had elapsed at the time of the attempted conveyance. 1 Sugden on Powers, side p. 147; 1 Sugden on Powers, side p. 319; 18 Am. and Eng. Eney. Law, p. 878; 1 Hernán, 402. (2) The testatrix did not devise this residue to Davis.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph HirzelJudge. (1) The death of Henry 0. Lay terminated the power granted to George J. Davis to sell and convey the land. The power had elapsed at the time of the attempted conveyance. 1 Sugden on Powers, side p. 147; 1 Sugden on Powers, side p. 319; 18 Am. and Eng. Eney. Law, p. 878; 1 Hernán, 402. (2) The testatrix did not devise this residue to Davis. She created a power in Davis to “sell or dispose of” the same, with the advice and consent of Henry C. Lay and Henrietta E. Dausman, “upon such terms and for such prices as to- them…
1Opinion of the CourtMarshall, J.
Ejectment for seventeen-sixtieths of lot 10 of subdivision of Walton estate, in St. Louis county, containing about ninety acres. The petition is in the usual form. The answer is a general denial and equitable defenses. The circuit court entered, judgment for the defendant, and the plaintiffs appealed. Charlotte,Lay is the common source of title. She died in 1879. The plaintiffs are her grandchildren, being the children of her daughter, Charlotte Wisker, who died in 1877.
Charlotte Lay left surviving her a son, Henry C. Lay, who died about a month after his mother, a daughter, Henrietta, wife…
2Cases cited10 opinions
- Payne v. PayneCalifornia Supreme Court · 1861
- In re Estate of DelaneyCalifornia Supreme Court · 1874
- Barkley v. DonnellySupreme Court of Missouri · 1892
- Kissam v. . DierkesNew York Court of Appeals · 1872
- In re Estate DurhamCalifornia Supreme Court · 1875
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3Cited by4 opinions
- In Re Estate of SutcliffeSupreme Court of Kansas · 1967
- Brooks v. BrooksSupreme Court of Missouri · 1905
- Whisman v. McMullan'sCourt of Appeals of Kentucky · 1950
- Wisker v. Spring Avenue Realty Co.Supreme Court of Missouri · 1902