Armor v. Frey
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon F. C. Johnston, Judge. (1) Where no definite estate is in terms given to the first taker — no express words of inheritance or such as imply a fee being used or power of sale given —then a limitation over upon his death is always construed as indicating an intent that such first taker shall have a life estate only. A devise without words of limitation is confined to a life estate by a devise over on the death of the devisee.
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Appeal from Newton Circuit Court. — Hon F. C. Johnston, Judge. (1) Where no definite estate is in terms given to the first taker — no express words of inheritance or such as imply a fee being used or power of sale given —then a limitation over upon his death is always construed as indicating an intent that such first taker shall have a life estate only. A devise without words of limitation is confined to a life estate by a devise over on the death of the devisee. Gardner on Wills, p. 472, see. 124; Rood on Wills, p. 370, sec. 540; Page on Wills, sees. 572 and 574; 30 Ency. Law (2 Ed.), p.…
1Opinion of the CourtFox, J.
This cause is now pending in this court upon appeal on the part of the plaintiffs from a judgment of the circuit court of Newton county, Missouri, dismissing plaintiffs’ petition and awarding costs against them.
This .suit is predicated upon the provisions of section 650, Eevised Statutes 1899, and it is sought by this action to ascertain, define and determine the title of both plaintiffs and defendant in and to a tract of land located in Newton county, Missouri.
The plaintiffs claim title to an undivided one-half interest in the land involved in this controversy. It is conceded that the…
2Cases cited16 opinions
- Cross v. HochSupreme Court of Missouri · 1899
- Chew v. KellerSupreme Court of Missouri · 1889
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Small v. FieldSupreme Court of Missouri · 1890
- Yocum v. SilerSupreme Court of Missouri · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Armor v. FreySupreme Court of Missouri · 1913
- Cornet v. CornetSupreme Court of Missouri · 1913
- Cox v. JonesSupreme Court of Missouri · 1910
- Coleman v. HaworthSupreme Court of Missouri · 1928
- Ridenour v. DuncanSupreme Court of Missouri · 1952
22 more not listed; retrieve them via the Exa API.