Beck v. Metz
Supreme Court of Missouri
Error to St. Louis Land Court. I. The second clause of the will gave to the wife the absolute estate, “ to her and her heirs and assigns forever.” The fourth clause gave her the same estate, for it gave her the absolute power over the estate. A devise with power to pass a fee passes a fee. (Doe d. v. Hendland, 8 Cow. 277.) “ My estate to be at her absolute disposal” passes a fee. (Jackson v. Babcock, 12 Johns. 389.) The power of appointment did not limit the fee. (3 Ed.
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Error to St. Louis Land Court. I. The second clause of the will gave to the wife the absolute estate, “ to her and her heirs and assigns forever.” The fourth clause gave her the same estate, for it gave her the absolute power over the estate. A devise with power to pass a fee passes a fee. (Doe d. v. Hendland, 8 Cow. 277.) “ My estate to be at her absolute disposal” passes a fee. (Jackson v. Babcock, 12 Johns. 389.) The power of appointment did not limit the fee. (3 Ed. Ch. R. 207.) Without the fourth clause naming his daughter, the will would have been inofficious under the statute ; but as…
1Opinion of the CourtEtland, Judge
Frederick L. Jesser died seized of certain real estate in St. Louis city. By his last will, and testament he devised to his wife Catherine his estate, using the following language: “ Second, I hereby grant, give, and bequeath to my wife Catherine, all and singular, my property and estate, real, personal and mixed, including all I possess at present, and whatsoever I may become possessed of or acquire hereafter: to-have and to hold the same unto her, my said wife Catherine, and to her heirs, administrators and assigns, forever, free from, all claims and to the exclusion of all persons…
2Cases cited1 opinion
- State v. ChandlerSupreme Court of Missouri · 1857
3Cited by11 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Gerrish v. GerrishOregon Supreme Court · 1880
- Gehlen v. GehlenWashington Supreme Court · 1913
- Pearce v. PearceTexas Supreme Court · 1911
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