Faust's Administratrix v. Birner
Supreme Court of Missouri
Error to Cole Circuit Court. John Birner died in 1845, leaving a will, dated September 1, 1845, of which the provisions are as follows: “ First, I direct that all my debts, &c.; second, I direct that if my wife Margaretta should have a child by me, that such child shall have and receive of my estate the sum of two hundred dollars out of my estate, to be paid to such child on arriving at age.
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Error to Cole Circuit Court. John Birner died in 1845, leaving a will, dated September 1, 1845, of which the provisions are as follows: “ First, I direct that all my debts, &c.; second, I direct that if my wife Margaretta should have a child by me, that such child shall have and receive of my estate the sum of two hundred dollars out of my estate, to be paid to such child on arriving at age. I direct the said sum shall remain a charge on my real estate until said child arrives at the age of twelve years, at which time I further direct said sum to be raised from my real estate, and the same to…
1Opinion of the CourtNapton, Judge
In this case we have not been able to perceive, as the court declared in the instructions to the jury, that “ by a plain and settled principle of law the defendants (G. and A. Bir-ner) had no interest in the land in question under the will” of their brother, at the date outlie compromise. The will of John Birner, as we understand it, devised the entire estate to his wife, for life, with remainder to her children, and then provided that if his wife should die without issue, all his property should be divided between his two brothers. This is a good executory devise to the brothers. Our statute *418…
2Cited by15 opinions
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Kindred v. AndersonSupreme Court of Missouri · 1948
- Hartnett v. Langan.Supreme Court of Missouri · 1920
- Allgood v. Tarkio Electric & Water Co.Missouri Court of Appeals · 1928
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