Lampert v. Haydel
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Under the will, Junius Jacobs could not dispose of his interest in the rents and profits, in advance of their being paid over to him by the trustee; and his. assignment of the same is void. Lougal v. Fryer, 3 Mo. 40 ; Glamorgan v. Lane, 9 Mo. 447; Langdon v. Ingram, 28 Ind. 360 ; Stewart v. Bradley, 3 Bush, 623 ; Stewart v. Barrow, 7 Bush, 368; 1 Wash.
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Transferred from St. Louis Court of Appeals. (1) Under the will, Junius Jacobs could not dispose of his interest in the rents and profits, in advance of their being paid over to him by the trustee; and his. assignment of the same is void. Lougal v. Fryer, 3 Mo. 40 ; Glamorgan v. Lane, 9 Mo. 447; Langdon v. Ingram, 28 Ind. 360 ; Stewart v. Bradley, 3 Bush, 623 ; Stewart v. Barrow, 7 Bush, 368; 1 Wash. Real Prop. [4 Ed.] *54 ; 2 Minor’s Inst. 252 ; Laval v. Staff el, 64 Tex. 370 ; Bank v. Davis, 21 Pick. 42 ; Montague v. Crane, 12 Mo. App. 582 ; Niehols v. Eaton, 91 U. S. 716 ; Hyde v. Woods,…
1Opinion of the CourtSherwood, J.
The clause of the will of George R. Jacobs, deceased, brought in question by this litigation, is as follows : “I give and devise the next, or middle lot, and the store-house thereon * * * to the said John Byrne, Jr., and F. L. Haydel, of St. Louis county, in trust, and for no other purpose, for the use and benefit of my three sons, Wm. H., Charles A. and Junius, in equal shares, as long as they all may live, with power in my three sons to use and enjoy equally the rents, issues and profits thereof during their natural lives. When all three of my said sons have died, it shall be the duty of…
2Cases cited8 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Hyde v. WoodsSupreme Court of the United States · 1877
- Hall v. StephensSupreme Court of Missouri · 1877
- Smith v. TowersCourt of Appeals of Maryland · 1888
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3Cited by29 opinions
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- Weller v. NoffsingerNebraska Supreme Court · 1899
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Sherman v. HavensSupreme Court of Kansas · 1915
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