Williams v. Cowden
Supreme Court of Missouri
ERROR TO BOONE CIRCUIT COURT. The plaintiffs in error insist that the court below improperly sustained the demurrer to the petition, for the.following reasons : 1. By the will of Joseph Oowden, his daughter, Louisa, acquired at his death an absolute title in fee simple to one-half of the tract of land mentioned in the petition, of which she was not divested by her subsequent marriage.
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ERROR TO BOONE CIRCUIT COURT. The plaintiffs in error insist that the court below improperly sustained the demurrer to the petition, for the.following reasons : 1. By the will of Joseph Oowden, his daughter, Louisa, acquired at his death an absolute title in fee simple to one-half of the tract of land mentioned in the petition, of which she was not divested by her subsequent marriage. The condition in the will, that “ ifshe married, the land should belong to his son Montgomery Cowden,!’ was in general restraint of marriage, and therefore Illegal and void. 10 East, 22 ; 1 Story’s Eq. 271, 273,…
1Opinion of the CourtBirch, J.
The plaintiffs in error brought their suit in the Boone Circuit •Court, against the defendant, for partition of a tract of land. The petition alleged that in the month of August, 1845, Joseph Cowden died seized of the tract in fee, and that prior to his death he made and published his will, whereby, amongst other things, he gave and bequeathed to his son Montgomery, and his daughter Louisa, in equal moieties, the tract of land in suit, with provision, however, that if his said daughter should marry or die, the land should belong to his said son exclusively. It is further alleged in the…
2Cited by10 opinions
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- Goffe v. GoffeSupreme Court of Rhode Island · 1915
- Poulson v. CollierMissouri Court of Appeals · 1885
- Knost v. KnostSupreme Court of Missouri · 1910
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