Cross v. Hoch
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The intention of the testator is plain. He devises to Sarah Cross a life estate, and to her heirs (children) the remainder in fee simple. Kinney v. Mathews, 69 Mo. 520; Bean v. Kenmuir, 86 Mo. 666; Chiles v. Bartleson, 21 Mo. 844; Blake v. Stone, 27 Yt. 477; Coursey v. Davis, 46 Pa. St. 25; Baxter v. Bowyer, 19 Ohio St. 490; Smith v. Bell, 6 Pet. 68; Carr v. Estill, 16 B. Mon.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The intention of the testator is plain. He devises to Sarah Cross a life estate, and to her heirs (children) the remainder in fee simple. Kinney v. Mathews, 69 Mo. 520; Bean v. Kenmuir, 86 Mo. 666; Chiles v. Bartleson, 21 Mo. 844; Blake v. Stone, 27 Yt. 477; Coursey v. Davis, 46 Pa. St. 25; Baxter v. Bowyer, 19 Ohio St. 490; Smith v. Bell, 6 Pet. 68; Carr v. Estill, 16 B. Mon. (Ky.) 809. (2) The devise to Sarah Cross was “subject to the trust, care and control of my son, Turner Maddox for her use.” The legal title…
1Opinion of the CourtMarshall, J.
Ejectment for land in St. Louis county.
The plaintiffs, Eugene Gross and Emma Ashbrook, are the only children of Sarah Cross, who was a daughter of Stephen Maddox. Their grandmother, Sarah Maddox, died about the year 1866, ,and their grandfather, Stephen Maddox, died in 1844. Their mother, Sarah Cross, died in 1895, and their father, Bryan Cross, died in 1877. These plaintiffs sue in ejectment for certain land in St. Louis county. The answer admits the possession of the premises by defendants, and then interposes a general denial.
The case was tried in the circuit court on the following…
2Cases cited16 opinions
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Harbison v. JamesSupreme Court of Missouri · 1886
- Schmucker's Estate v. ReelSupreme Court of Missouri · 1876
- Munro v. CollinsSupreme Court of Missouri · 1888
- Long v. TimmsSupreme Court of Missouri · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Grace v. PerrySupreme Court of Missouri · 1906
- Cook v. HigginsSupreme Court of Missouri · 1921
- Armor v. FreySupreme Court of Missouri · 1910
- Gannon v. PaukSupreme Court of Missouri · 1906
29 more not listed; retrieve them via the Exa API.