Matthews v. Van Cleve
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Non. Nat M. Shelton, Judge. (1) Plaintiffs contend that in the plain language of the third item of the will it states that Milton C. Tracy could not in any way mortgage, sell or create debts that would he a lien upon the real estate in question. It puts the fee simple in Ben N. Tracy and Ms successors.
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Appeal from Macon Circuit Court. — Non. Nat M. Shelton, Judge. (1) Plaintiffs contend that in the plain language of the third item of the will it states that Milton C. Tracy could not in any way mortgage, sell or create debts that would he a lien upon the real estate in question. It puts the fee simple in Ben N. Tracy and Ms successors. Upon the death of Milton C. Tracy, the title vests in the heirs of Milton 0. Tracy, or as it is contended, the title vests in the heirs of Benjamin N. Tracy, Sr., deceased, the maker of the will, and it malees no difference because they are the same identical…
1Opinion of the CourtWilliamson, J.
Appellants brought their suit, a proceeding in equity, in the Circuit Court of Macon County, Missouri. The issues were duly made up> and upon a hearing of the cause the judgment of the court was in favor of the defendants, and plaintiffs thereupon appealed to the Kansas City Court of Appeals. That court transferred the- case to this court, on the ground that the title to land is involved in the proceeding. A motion to remand having been overruled, the cause remains here for decision. The facts out of' which this controversy arose are 'substantially as follows:
Benjamin N. Tracy, Senior, was…
2Cases cited10 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Lampert v. HaydelSupreme Court of Missouri · 1888
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
- Partridge v. CavenderSupreme Court of Missouri · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Jefferson v. Capital City Oil CompanyMissouri Court of Appeals · 1956
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Bixby v. St. Louis Union Trust Co.Supreme Court of Missouri · 1929
- Becker v. Anchor Realty & Investment Co.Court of Appeals for the Eighth Circuit · 1934
- Gordon v. TateSupreme Court of Missouri · 1926
4 more not listed; retrieve them via the Exa API.