Legal Opinion

Estate of Strom v. Strom

Missouri Court of Appeals

Decided December 15, 1908PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — Now. Jesse A. McDonald, Judge. (1) The curtesy estate of the husband was defined at common law to be “a freehold estate for the term of his natural life.” 1 Wash. Real Prop. (6 Ed.), sec. 313, p. 145; sec. 316, p. 145; Coke upon Lit., chap. 4, sec. 35; 2 Black, Com., 126; 1 Woerner, Adm.

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Appeal from St. Louis City Circuit Court. — Now. Jesse A. McDonald, Judge. (1) The curtesy estate of the husband was defined at common law to be “a freehold estate for the term of his natural life.” 1 Wash. Real Prop. (6 Ed.), sec. 313, p. 145; sec. 316, p. 145; Coke upon Lit., chap. 4, sec. 35; 2 Black, Com., 126; 1 Woerner, Adm. (2 Ed.), sec. 121, p. 296. (2) The estate by the curtesy is recognized also by the Revised Statutes 1899, and established by the decisions of this court. R. S. 1899, secs. Ill, 4603; Reaume v. Chambers, 22 Mo. 36; Tremmel v. Kleibolt, 75 Mo. 255; McBreen v. McBreen,…

1Opinion of the CourtGoode, J.

Mary Strom, deceased, and Joseph Strom, the appellant, were married in 1888 and had one child, a daughter, Florence, who is still living. On May 10, 1897, Mary Williams conveyed by an ordinary warranty deed to Mary Strom and Joseph Strom, husband and wife, a dwelling-house and lot in St. Louis, to-wit, No. 2708 Thomas street. In September, 1900, the Stroms separated and never thereafter lived together, though they were not divorced. Mrs. Strom brought an action for divorce and her husband filed a cross-bill, but both were dismissed by the court at the hearing. Afterwards Joseph Strom…

2Cases cited17 opinions

  1. Scott v. McNealSupreme Court of the United States · 1894
  2. State v. LoomisSupreme Court of Missouri · 1893
  3. Hunt v. SearcySupreme Court of Missouri · 1902
  4. Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
  5. Rose v. TrestrailMissouri Court of Appeals · 1895

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3Cited by1 opinion

  1. Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928

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