Russell v. Eubanks
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) There is a clear fee-simple devised in the first ■clause as to all the estate after the debts are paid. R. S., sec. 4004; Creen v. Sutton, 50 Mo. 192; 3 Cranch 134 ; Jaclcson v. Robbins, 16 Johns. 537; Jaclcson v. Bull, 10 Johns. 18 ; Attorney General r. Hall, Fitzgibbons 314. (2) No subsequent limitation could be engrafted upon the fee given in the first clause. King v. King, 12 Ohio 390 ; Berlceel r.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) There is a clear fee-simple devised in the first ■clause as to all the estate after the debts are paid. R. S., sec. 4004; Creen v. Sutton, 50 Mo. 192; 3 Cranch 134 ; Jaclcson v. Robbins, 16 Johns. 537; Jaclcson v. Bull, 10 Johns. 18 ; Attorney General r. Hall, Fitzgibbons 314. (2) No subsequent limitation could be engrafted upon the fee given in the first clause. King v. King, 12 Ohio 390 ; Berlceel r. Jacoby, 36 Iowa 273 ; Ruby r>. Barnett, 12 Mo. 6 ; 2 Redfield on Wills (2d Ed.) 277. The cases of Reinders r. Koppelman,…
1Opinion of the Court
Rat J.
This cause was begun in the circuit court of Audrain county, upon a bill in equity, filed by Franklin Russell, administrator of Julia Ann Williams, deceased, for the purpose of construing the will of Caleb Y. Williams, her late husband. The bill states substantially that plaintiff is administrator, etc.; that his intestate, at her death, left personal property consisting of notes, accounts, and money amounting to $1,462.60, and certain real estate. That she acquired and held all said real and personal property under the will of one Caleb Y. Williams, deceased, until her death, which…
2Cases cited9 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Carr v. DingsSupreme Court of Missouri · 1874
- Gregory v. CowgillSupreme Court of Missouri · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Cross v. HochSupreme Court of Missouri · 1899
- Walton v. DrumtraSupreme Court of Missouri · 1899
- Bean v. KenmuirSupreme Court of Missouri · 1885
- Gannon v. PaukSupreme Court of Missouri · 1906
10 more not listed; retrieve them via the Exa API.