McCullock v. Holmes
Supreme Court of Missouri
Appeal from Montgomery Circuit Cou/rt. — Hon. E. M. Hughes, Judge. (1) Tbe granting clause is to Azra A. Holmes alone. It shows a consideration of $200 paid by bim for forty acres of tbe land. As to tbis forty acres tbe condition and limitations expressed in tbe Jiabenckm cannot operato to cut down tbe fee to a life-estate. Wood v. Kice, 103 Mo. 329-335. (2) If Azra A. Holmes did not take a fee, but only a life-estate, then the daughters took the fee. First.
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Appeal from Montgomery Circuit Cou/rt. — Hon. E. M. Hughes, Judge. (1) Tbe granting clause is to Azra A. Holmes alone. It shows a consideration of $200 paid by bim for forty acres of tbe land. As to tbis forty acres tbe condition and limitations expressed in tbe Jiabenckm cannot operato to cut down tbe fee to a life-estate. Wood v. Kice, 103 Mo. 329-335. (2) If Azra A. Holmes did not take a fee, but only a life-estate, then the daughters took the fee. First. Because the conditions are too uncertain to take effect. One of these ■daughters would be as likely to die as the other. Both might die…
1Opinion of the CourtBarclay, J.
This is an action of ejectment involving the title to a piece of land in Lincoln county.
The facts are admitted.
*447The case turns upon the effect to he given to the following clause in a deed from Oliver 'Holmes (the common source of title) and his wife to Azra A. Holmes, dated, April 11, 1855, and duly recorded about the same time, viz.:
“To have and to hold * * * unto him the said Azra A. Holmes for and during his natural life and then to his two children, Laura Eliza and Mary Emily Holmes, and their heirs and assigns forever, and if either of said children shall die without issue in the…
2Cases cited1 opinion
- State v. BakerSupreme Court of Missouri · 1857
3Cited by14 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Stotzenberger v. PerkinsSupreme Court of Missouri · 1933
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Williamson v. BrownSupreme Court of Missouri · 1906
- Walton v. DrumtraSupreme Court of Missouri · 1899
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