Daudt v. Musick
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County, Edwards, J. Ejectment is the proper remedy. — McCourtney v. Mathes, 47 Mo. 533; Pounds v. Dale, 48 Mo. 270 ; Mc-Cracken v. McCracken, 67 Mo. 591. The will of George Stephenson, deceased, contained a devise in . trust, which was void; he subsequently died intestate, and the land descended to his widow as his sole heir. — Schmucker v. Riehl, 61 Mo. 593 ; Judge v. Lackland, 3 Mo.
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Appeal from the Circuit Court of St. Louis County, Edwards, J. Ejectment is the proper remedy. — McCourtney v. Mathes, 47 Mo. 533; Pounds v. Dale, 48 Mo. 270 ; Mc-Cracken v. McCracken, 67 Mo. 591. The will of George Stephenson, deceased, contained a devise in . trust, which was void; he subsequently died intestate, and the land descended to his widow as his sole heir. — Schmucker v. Riehl, 61 Mo. 593 ; Judge v. Lackland, 3 Mo. App. 107. Where land is devised upon a trust which is void, the heir is entitled to recover. — Hillyard v. Miller, 10 Bay, 326; Parsons v. Snooks, 40 Barb. 144; Burdett…
1Opinion of the CourtBakewerr, J.
This is ejectment, brought by the curator of Annie and Minna Winkel, who are minors, against defendant, who is the lessee of Maurice Blume. The cause was tried by the court, a jury being waived. The finding and judgment were for defendant.
It appears that George Stephenson, who died in September, 1868, by his last will devised to his widow, Agnes, the house and lot on which he lived, in Florissant, to be held by her during life or widowhood, in case of her death or marriage the property to be sold by his executor, and the proceeds to be given to the Catholic Church in Florissant. His other…
2Cases cited3 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Meech v. Estate of MeechSupreme Court of Vermont · 1865
- Plate v. KoehlerMissouri Court of Appeals · 1880
3Cited by3 opinions
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- State ex rel. Henry v. MalhmanSupreme Court of Missouri · 1965
- Burrell v. HighleymanMissouri Court of Appeals · 1888