Soltan v. Soltan
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. A kusband is not entitled to curtesy in tke real estate of tke wife, conveyed to lier sole and separate use, witk power of disposal, where she has exercised the power,, and disposed of the estate, by deed or will. Oooper v. MacDonald, 7 Law Rep. (Ch. Div.) 288; 38 Law Times (N. S.) 191; 47 Law Journal (N. S.) Ch. Div. 373; Appleton r>. Rowley, 8 Law Rep. (Eg.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. A kusband is not entitled to curtesy in tke real estate of tke wife, conveyed to lier sole and separate use, witk power of disposal, where she has exercised the power,, and disposed of the estate, by deed or will. Oooper v. MacDonald, 7 Law Rep. (Ch. Div.) 288; 38 Law Times (N. S.) 191; 47 Law Journal (N. S.) Ch. Div. 373; Appleton r>. Rowley, 8 Law Rep. (Eg. Cases) 139 ; Follett v. Tyrer, 14 Simmon’s Reports, 125 ; Fool v. Blaltie, 53 111. 495; Lewin on Trusts [ 8 Ed. ] 735 ; 1 Washburn on Real Property [5 Ed. ] *130.…
1Opinion of the CourtNorton, C. J.
This is an action of ejectment, in which plaintiff obtained judgment and from which defendants have appealed. It appears from the record that plaintiff, who, in 1874, was the owner of the lot in controversy, conveyed the same by deed to one Hilker, as trustee, for the sole and separate use of his wife. So much of said deed as has a material bearing in this suit is as follows : “Intrust, however, to and for the sole and separate use, benefit, enjoyment, and behoof of the said Charlotte Soltan, wife of Frederick Soltan, and her heirs and assigns, the said Henry Hilker, party of the second part,…
2Cases cited1 opinion
- Tremmel v. KleiboldtMissouri Court of Appeals · 1879
3Cited by8 opinions
- Depue v. MillerWest Virginia Supreme Court · 1909
- White v. PentonSupreme Court of Florida · 1926
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Donovan v. GriffithSupreme Court of Missouri · 1908
- McBreen v. McBreenSupreme Court of Missouri · 1900
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