Knost v. Knost
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Don. Daniel D. Fisher, Judge. (1) The provision of the will is a condition subsequent, upon the happening of which plaintiff’s estate is forfeited, that is, diminished from a sole ownership to that of a one-sixth interest; and being in general restraint of marriage, against public policy, and void, the estate vests in plaintiff free from the condition.
Read the full summary
Appeal from St. Louis City Circuit Court. — Don. Daniel D. Fisher, Judge. (1) The provision of the will is a condition subsequent, upon the happening of which plaintiff’s estate is forfeited, that is, diminished from a sole ownership to that of a one-sixth interest; and being in general restraint of marriage, against public policy, and void, the estate vests in plaintiff free from the condition. Walsh v. Mathews, 11 Mo. 131; Williams v. Cowden, 13 Mo. 211; Dumey v. Schaefer, 24 Mo. 170; Wither-spoon v. Brokau, 85 Mo. App. 169; Bellairs v. Bellairs, 18 L. R. Eq. 510; Smythe v. Smythe, 90 Ya.…
1Opinion of the CourtLamm, P. J.
— Suit in equity to free a devise in a will from a condition in restraint of marriage. Defendants, summoned, defaulted and the bill was taken as confessed. Non obstante, on the merits, the decree went against plaintiff and the cause comes up on appeal. /’ ' V
The facts follow: Anton F. Knost died testate, a resident of St. Louis, leaving a widow, Louisa, six children (parties hereto, all adults) and seized of an estate real and personal.
By item one of the will he devised his residence and certain personal property to his wife Louisa for life with remainder over to plaintiff, Anna Marie Louisa,…
2Cases cited5 opinions
- Waters v. TazewellCourt of Appeals of Maryland · 1856
- Williams v. CowdenSupreme Court of Missouri · 1850
- Dumey v. SchœfflerSupreme Court of Missouri · 1857
- Gaven v. AllenSupreme Court of Missouri · 1889
- Walsh v. MathewsSupreme Court of Missouri · 1847
3Cited by13 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Chappell v. ChappellWashington Supreme Court · 1923
- Williams v. HundSupreme Court of Missouri · 1924
- Berry v. CooleySupreme Court of Oklahoma · 1940
- Barnes v. HobsonCourt of Appeals of Texas · 1923
8 more not listed; retrieve them via the Exa API.