Tillerson v. Taylor
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Vernon L. Drain, Judge. (1) The devise to Edna Montgomery is a qualified fee which became a fee simple title upon her death without remarriage. Sec. 570, R. S. 1909;; Yocum v. Siler, 160 Mo. 281; Scott v. Murray, 218 Pa. St. 186; Yaughn v. Yaughn, 97 Ya. 3Í22,; Rolley v. Rolley, 109 Ya. 449. (2) There was no devise in this will to take effect after the death of the first devisee.
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Appeal from Macon Circuit Court. — Hon. Vernon L. Drain, Judge. (1) The devise to Edna Montgomery is a qualified fee which became a fee simple title upon her death without remarriage. Sec. 570, R. S. 1909;; Yocum v. Siler, 160 Mo. 281; Scott v. Murray, 218 Pa. St. 186; Yaughn v. Yaughn, 97 Ya. 3Í22,; Rolley v. Rolley, 109 Ya. 449. (2) There was no devise in this will to take effect after the death of the first devisee. The widow could only be divested of title by a remarriage. Sec. 579, R. S. 1909. (3) The intention of the testator must be ascertained by a consideration of the entire will;…
1Opinion of the CourtGoobe, J.
Joseph Montgomeiy died testate in Becember, 1888, leaving surviving him his wife, Edna Montgomery, and four, brothers and five sisters, but no children or other lineal descendants. The present action was instituted to partition lands of which he died seized, among- those of said brothers and sisters now living, and the heirs of those who previously had died.
The court found in its decree the respective interests of the collateral heirs, found also the lands were not susceptible of partition in kind, and ordered a sale of it to convey “all the title of the said Joseph Montgomery, deceased, and…
2Cases cited9 opinions
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Armor v. FreySupreme Court of Missouri · 1910
- Fuller v. WilburMassachusetts Supreme Judicial Court · 1898
- In Re the Estate of SchrieverNew York Court of Appeals · 1917
- Price v. EwellSupreme Court of Iowa · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Watts v. FinleySupreme Court of Georgia · 1939
- Mercantile-Commerce Bank & Trust Co. v. BinowitzMissouri Court of Appeals · 1951
- Coleman v. HaworthSupreme Court of Missouri · 1928
- Buschmeyer v. EikermannSupreme Court of Missouri · 1964
- Graham Ex Rel. Graham v. StrohSupreme Court of Missouri · 1938
3 more not listed; retrieve them via the Exa API.