De Lashmutt v. Teetor
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. G. A. Denton, Judge. (1) While it is held that a testator may authorize his executor or trustee to sell land in a foreign jurisdiction, and that such power may he exercised without administration in the foreign jurisdiction, yet in such cases the donee of the power acts by the express authority of the will and without the aid of legal process.
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Appeal from St. Clair Circuit Court. — Hon. G. A. Denton, Judge. (1) While it is held that a testator may authorize his executor or trustee to sell land in a foreign jurisdiction, and that such power may he exercised without administration in the foreign jurisdiction, yet in such cases the donee of the power acts by the express authority of the will and without the aid of legal process. It is in fact a contractual or vested right in the donee, but even in such case it is uniformly held that the will must be proved and recorded in the State where the land lies, in conformity to its law, before…
1Opinion of the Court
BROWN, C.
This suit was begun by filing the petition in the St. Clair County Circuit Court, October 3, 1907, and summons was taken at the same date. The plaintiffs are the surviving husband and three sons and one daughter of Cleanthe Eugenia DeLashmutt, deceased, a daughter of John Sifford, deceased, who is the common source of all title asserted by any party to the suit. The plaintiffs claim title to of a tract of land in said county, particularly described as the west half of the southeast quarter of section 7, township 37, range 28. The defendant Teetor claims title to the whole through a…
2Cases cited19 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Bales v. PerrySupreme Court of Missouri · 1873
- Acton v. DooleySupreme Court of Missouri · 1881
- Austin v. LoringSupreme Court of Missouri · 1876
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3Cited by27 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Emery v. Brown Shoe CompanySupreme Court of Missouri · 1956
- Case v. SipesSupreme Court of Missouri · 1919
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
22 more not listed; retrieve them via the Exa API.