Cox v. Jones
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. Alomo D. Burnes, Judge. (1) Subdivision sixth of this will does not and did not invalidate, or set aside, or cancel or destroy; the title given by paragraph or subdivision two. This clause of the will is illegal and undertakes to create and establish a perpetuity in land titles.
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Appeal from Platte Circuit Court. — Hon. Alomo D. Burnes, Judge. (1) Subdivision sixth of this will does not and did not invalidate, or set aside, or cancel or destroy; the title given by paragraph or subdivision two. This clause of the will is illegal and undertakes to create and establish a perpetuity in land titles. It undertakes to say that the three separate tracts of land therein above willed respectively to the testator’s three daughters, separately, by different clauses, shall be by clause six limited to them and to the heirs of their bodies'; but if any one or more of them should die…
1Opinion of the CourtLamm, P. J.
— Ejectment in Platte Circuit Court, brought January 10, 1907. Originally there were four-defendants. Two of them went out on demurrer at the close of plaintiff’s evidence — plaintiff saving no-exception to the ruling and taking no appeal. The verdict came in against Jones and Pepper on a trial to a jury. Prom a judgment entered on that verdict the two remaining defendants appeal here, making no question on the monthly rental value or the damages assessed nisi.
The land in controversy is the east half of the-southwest quarter, section 13, township 54, range 36 in Platte county, Missouri.
The…
2Cases cited11 opinions
- Yocum v. SilerSupreme Court of Missouri · 1901
- Armor v. FreySupreme Court of Missouri · 1910
- Bone v. TyrrellSupreme Court of Missouri · 1892
- Sevier v. WoodsonSupreme Court of Missouri · 1907
- Hunter v. WethingtonSupreme Court of Missouri · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Housman v. LewellenSupreme Court of Missouri · 1951
- Elsea v. SmithSupreme Court of Missouri · 1918
- Case v. SipesSupreme Court of Missouri · 1919
- Edwin O. Bookwalter, District Director of Internal Revenue v. Maude H. Lamar, Personally and as of the Estate of Frederick C. Lamar, DeceasedCourt of Appeals for the Eighth Circuit · 1963
18 more not listed; retrieve them via the Exa API.