Tindall v. Tindall
Supreme Court of Missouri
Appeal from Howard Circuit Court.- — Hon. Jno. A. Hockaday, Judge. (1) Where a deed inter vivos conveys real estate to one for life, and then to the issue of his body as a class, only those who answer the description at the death of the life tenant take as remaindermen. Eidley v. McPherson, 43 S. W. 772: Soper v. Brown, 32 N. E. 769; Bradford v. G-riffin, 19 S. E. 76. (2) (a) The deed from Jere Kingsbury would have created an estate tail at common law.
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Appeal from Howard Circuit Court.- — Hon. Jno. A. Hockaday, Judge. (1) Where a deed inter vivos conveys real estate to one for life, and then to the issue of his body as a class, only those who answer the description at the death of the life tenant take as remaindermen. Eidley v. McPherson, 43 S. W. 772: Soper v. Brown, 32 N. E. 769; Bradford v. G-riffin, 19 S. E. 76. (2) (a) The deed from Jere Kingsbury would have created an estate tail at common law. Barrer v. Christy, 24 Alo. 453; Harbison v. Swan, 58 Mo. 147; Mcllhinney v. Alc-Ilhinney, 37 N. E. 147. (b) Under the statute of 1835, which…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the Howard Circuit Court in partition upon an agreed case. All parties claim under a deed executed by Jere Kingsbury Ón August 19, 1844-, which is as follows:
“This indenture made and entered into on this nineteenth day of August, in the year of our Lord one thousand eight hundred and forty-four, between Jere Kingsbury of the county of Howard and State of Missouri, of the one part, and his daughter, Lusina Tindall, wife of Cordy Tindall, of the same place, of the other part, Witnesseth: that the said Jere Kingsbury for and in consideration of the natural…
2Cases cited10 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Bredell v. CollierSupreme Court of Missouri · 1867
- Gates v. SeibertSupreme Court of Missouri · 1900
- Chew v. KellerSupreme Court of Missouri · 1889
- Waddell v. WaddellSupreme Court of Missouri · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Trautz v. LempSupreme Court of Missouri · 1932
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- McDougal v. McDougalMissouri Court of Appeals · 1955
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Evans v. RankinSupreme Court of Missouri · 1931
24 more not listed; retrieve them via the Exa API.