Williams v. Lobban
Supreme Court of Missouri
Error to Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) The direction to sell contained in the will being absolute, and the time for the sale, though in the future, being fixed (viz: the death or re-marriage of the widow), the land was converted into personalty on the day of the testator’s death. Compton v. McMahan, 19 Mo. App. 498; Craig v. Leslie, 3 Wheat (U. S.) 577; Peter v. Beverly, 10 Pet. (U. S.) 532; Rinehart v. Harrison, 1 Bald.
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Error to Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) The direction to sell contained in the will being absolute, and the time for the sale, though in the future, being fixed (viz: the death or re-marriage of the widow), the land was converted into personalty on the day of the testator’s death. Compton v. McMahan, 19 Mo. App. 498; Craig v. Leslie, 3 Wheat (U. S.) 577; Peter v. Beverly, 10 Pet. (U. S.) 532; Rinehart v. Harrison, 1 Bald. (U. S.) 184; Cropley v. Cooper, 19 Wall. 167; High v. Worley, 33 Ala. 196; Baker v. C'openbarger, 15 111. 103; Greenwood v. Greenwood, 178 111. 387;…
1Opinion of the CourtGantt, J.
Plaintiff in his petition sought and the circuit court of Randolph county awarded him a perpetual injunction to prevent the sale under a power contained in the will of Samuel Lobban, deceased, to a tract of land, to-wit, the northwest quarter of section 34, township 53, range 16, containing one hundred and sixty acres and lying in Randolph, county, by the defendant William H. Lobban as administrator de bonis non with the will annexed.
Samuel Lobban died in 1867 seized in fee simple of the real estate above described and leaving a will whereby he devised all his property to his wife for her…
2Cases cited23 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Crittenden v. . FairchildNew York Court of Appeals · 1869
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stewart v. JonesSupreme Court of Missouri · 1909
- Givens v. OttSupreme Court of Missouri · 1909
- Hunter v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1912
- Hatcher v. HallMissouri Court of Appeals · 1956
- Wyatt v. Stillman InstituteSupreme Court of Missouri · 1924
14 more not listed; retrieve them via the Exa API.