Phillips ex rel. Guardan v. Forge
Supreme Court of Missouri
Appeal from Nexo Madrid Circuit Court. — Hon. J. D. Poster, Judge. (1) The conveyance to William D. Waldrup by DeWitt C. Phillips in trust for the benefit of his wife, Jennie Phillips, and the heirs of her body born in wedlock with him, makes Jennie Phillips tenant in tail special, equitable estates being governed by the same rules as legal estates. 1 Walsh, on Real Prop. [3 Ed.] p. 90, sec. 33; Perry on Trusts [2 Ed. ] secs. 357, 377, 382, 383. (2) Dower and curtesy are…
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Appeal from Nexo Madrid Circuit Court. — Hon. J. D. Poster, Judge. (1) The conveyance to William D. Waldrup by DeWitt C. Phillips in trust for the benefit of his wife, Jennie Phillips, and the heirs of her body born in wedlock with him, makes Jennie Phillips tenant in tail special, equitable estates being governed by the same rules as legal estates. 1 Walsh, on Real Prop. [3 Ed.] p. 90, sec. 33; Perry on Trusts [2 Ed. ] secs. 357, 377, 382, 383. (2) Dower and curtesy are incidents of estates tail. 1 Wash. Real Prop. [3 Ed.] p. 95, sec. 49. (3) A husband may be tenant by the curtesy of lands…
1Opinion of the CourtBlack, J.
This is an action of ejectment for two nundred acres of land, instituted by the minor and adult heirs of Jennie Phillips, born of the marriage with DeWitt C. Phillips. The plaintiffs read in evidence a deed *75from their father, DeWitt C. Phillips, dated in 1863, whereby he conveyed the lands in question, and also-other lands to William D. Waldrup, “in trust for the benefit of his wife, Jennie Phillips, and the heirs of her body born in wedlock with said DeWitt Phillips.” The trustee died in 1863, and Jennie Phillips died in 1S74. The defendant put in evidence a deed dated in 1871, whereby…
2Cited by11 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Hall v. FrenchSupreme Court of Missouri · 1901
- Gray v. ClementSupreme Court of Missouri · 1922
- Emmerson v. HughesSupreme Court of Missouri · 1892
- Schee v. BooneSupreme Court of Missouri · 1922
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