Legal Opinion

Sullivan v. Garesche

Supreme Court of Missouri

Decided June 28, 1910PublishedCited by 28 opinions

Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) Appellant lias a vested interest in the reversion under the law. Fearne on Remainders (3 Am. Ed.), pp. 351, 362; Carter v. Barnadiston, 1 P. Williams 515, 3 Bro. P. Cas. 64; Davies v. Speed, Carth. 262; Peterson v. Jackson, 196 111. 40'; 2 Washburn on Real Prop. (6 Ed.), sec. 1514. (2) Appellant has a vested interest in the remainder under the will.

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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) Appellant lias a vested interest in the reversion under the law. Fearne on Remainders (3 Am. Ed.), pp. 351, 362; Carter v. Barnadiston, 1 P. Williams 515, 3 Bro. P. Cas. 64; Davies v. Speed, Carth. 262; Peterson v. Jackson, 196 111. 40'; 2 Washburn on Real Prop. (6 Ed.), sec. 1514. (2) Appellant has a vested interest in the remainder under the will. Wordsworth v. Wood, 1 H. L. Cas. 129; Doe v. Prigg, 8 B. & C. 231; Wilson v. B'agby, 3 Brown’s Cases Pari. 195; Taafe v. Coninee, 10 H. L. Cas. 64; Fearne on Remainders, p.…

1Opinion of the CourtValliant, J.

— Since this cause has been pending in this court the appellant has died, leaving Mary T. Garesche his widow, and Ferdinand T. Garesche, Marie Elise Garesche and Eugenie Terese Garesche, his three children, who are minors and his sole heirs at law, and after due service of scire facias on them, Mary T. Garesche has been appointed and qualified as guardian ad litem of the minor children and the cause has revived in their names as appellants.

It is a suit to quiet title under section 650, Revised Statutes 1899. The property in question is a lot in block 276 of the city of St. Louis particularly…

2Cases cited4 opinions

  1. DeLassus v. GatewoodSupreme Court of Missouri · 1880
  2. Dickerson v. DickersonSupreme Court of Missouri · 1908
  3. Dumey v. SchœfflerSupreme Court of Missouri · 1857
  4. Walsh v. MathewsSupreme Court of Missouri · 1847

3Cited by28 opinions

  1. Gardner v. VanlandinghamSupreme Court of Missouri · 1934
  2. Bedal v. JohnsonIdaho Supreme Court · 1923
  3. Mercer v. . DownsSupreme Court of North Carolina · 1926
  4. Glenn v. HoltCourt of Appeals of Texas · 1921
  5. Humphreys v. WellingSupreme Court of Missouri · 1937

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