Legal Opinion

Bramell v. Cole

Supreme Court of Missouri

Decided December 1, 1896PublishedCited by 19 opinions

Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The will of Calvin Atkins gave Margaret A. Atkins a life estate in the property he died possessed of with absolute power of disposal and any disposition she made of the property in her lifetime was a legal exercise of the power given her and vested a legal title in anyone to whom she gave it.

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Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The will of Calvin Atkins gave Margaret A. Atkins a life estate in the property he died possessed of with absolute power of disposal and any disposition she made of the property in her lifetime was a legal exercise of the power given her and vested a legal title in anyone to whom she gave it. Harris v. Knapp, 21 Pick. 416; Davis v. Bolls, 20 Ohio St. 550; Turner v. Timberlake, 53 Mo. 371; McKenzie’s Appeal, 19 Am. Rep. 525; Reindersv. Koppelmann, 68 Mo. 482; Scholl’s Appeal, 2 Atl. Rep. 538; Hazel v. Hagan, 47 Mo. 277; Harlison…

1Opinion of the CourtMaceaklane, J.

Calvin Atkins resided in Moniteau county, and died there in March, 1884, leaving a will as follows-:

“First.

• “I will that all my just debts be paid at as early a day as practicable, and the remainder that is left, to go to my beloved wife, Margaret A. Atkins, during her natural lifetime; she to have the entire control of the same, it consisting of the following real estate: The west half of the northeast quarter of section No. 23 (twenty-three), in township 44 (forty-four), north of range 2 (two), west, containing eighty acres, more or less; it being the same that we now reside upon, and all…

2Cases cited9 opinions

  1. Reinders v. KoppelmannSupreme Court of Missouri · 1878
  2. Lewis v. PitmanSupreme Court of Missouri · 1890
  3. Munro v. CollinsSupreme Court of Missouri · 1888
  4. Young v. ByrdSupreme Court of Missouri · 1894
  5. Schorr v. CarterSupreme Court of Missouri · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
  2. Housman v. LewellenSupreme Court of Missouri · 1951
  3. State v. O'DayOregon Supreme Court · 1902
  4. Bramell v. AdamsSupreme Court of Missouri · 1898
  5. Herring v. . WilliamsSupreme Court of North Carolina · 1910

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