Reyburn v. Wallace
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.) (1) The life tenant is bound to pay, in so far as the-income from the property will enable him to do so, first, all general taxes and rates imposed upon the property for the purposes of government revenue; and, second, all interest on encumbrances resting on the property. Johnson v. Smith, 5 Bush (Ky.) 102; Wade v. Malloy, 16 Hun (N. Y.) 226; Pierce v. Burroughs, 58 N. H. 802; Ciarle v. Middlesworth, 82 Ind. 240; Newby n.
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Appeal from St. Louis City Circuit Court.) (1) The life tenant is bound to pay, in so far as the-income from the property will enable him to do so, first, all general taxes and rates imposed upon the property for the purposes of government revenue; and, second, all interest on encumbrances resting on the property. Johnson v. Smith, 5 Bush (Ky.) 102; Wade v. Malloy, 16 Hun (N. Y.) 226; Pierce v. Burroughs, 58 N. H. 802; Ciarle v. Middlesworth, 82 Ind. 240; Newby n. Brownlee, 23 Fed. Rep. 322; Prettyman v. Walston, 34 111. 192; 1 Washb. Real Prop. [3 Ed.] sec. 25, p. 110; Pilee ». Was sel, 94…
1Opinion of the CourtBlack, J.
This case is here on an appeal from the judgment of the circuit court sustaining a demurrer to the petition. The petition, which is a bill in equity, in substance, states that Mrs. Revburn, the wife of the plaintiff, died in 1879, seized of a large real estate situate in St. Louis ; that she left surviving her one child, five years old, and her husband, the plaintiff, who was twenty-eight years of age; that, by her will, she devised her real estate to her husband for life, in case he should remain unmarried, but in case of his marriage then to her heirs, and if she had no heirs at his death,…
2Cases cited6 opinions
- Peck v. . SherwoodNew York Court of Appeals · 1874
- Pike v. WassellSupreme Court of the United States · 1877
- Varney v. StevensSupreme Judicial Court of Maine · 1843
- Stilwell v. DoughtyNew York Surrogate's Court · 1853
- Fleet v. DorlandNew York Supreme Court · 1854
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3Cited by13 opinions
- Orr v. St. Louis Union Trust Co.Supreme Court of Missouri · 1922
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
- Moore v. SimonsonOregon Supreme Court · 1895
- Raffety v. ParkerCourt of Appeals for the Eighth Circuit · 1957
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