Thomas v. Black
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M_ Spencer, Judge. (1) The will of William C. Thomas gave his widow a life estate in the real estate in controversy, ■and her children, by the testator begotten, the remainder in fee. And these provisions of the will did not constitute a fee tail.
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Appeal from Buchanan Circuit Court. — Hon. O. M_ Spencer, Judge. (1) The will of William C. Thomas gave his widow a life estate in the real estate in controversy, ■and her children, by the testator begotten, the remainder in fee. And these provisions of the will did not constitute a fee tail. Phillips v. LaForge, 89 Mo. 72; 1 Washburn on Real Property [4 Ed.] p. 94, sec. 10; p. 96, sec. 15; p. 99, sec. 22; p. 100, sec. 23; p. 101, sec. 27; p. 102, sec. 31; p. 104, sec. 39; 2 Blackstone’s Commentaries, 114. (2) The widow, Mary C. Thomas, under the will of her husband, took a life estate, and…
1Opinion of the CourtThomas, J.
This was a proceeding for the partition of a farm lying in Buchanan county, containing one hundred and forty-four and sixty-five hundredths acres, and the"record' before us shows that William C. Thomas, the owner of this farm, had been twice married and had children by two wives. On the twenty-third day of January, 1854, he executed a will by which he devised the farm in controversy, on which he then lived, to his wife, Mary C. Thomas, during her life, with remainder to her children begotten by him, there being in the will no'other reference to, or mention of his children, by name or…
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