Munro v. Collins
Supreme Court of Missouri
Appeal from St. Louis City Circuit Coiort. — How. G-. W. Ltjlkjí, Judge. (1) It is a settled rule of American as well as English law, that when the first devisee has the absolute right to dispose of the property in his own unlimited discretion, and not a mere power of appointment among certain specified persons or classes, any estate over is void, as being inconsistent with the first gift.
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Appeal from St. Louis City Circuit Coiort. — How. G-. W. Ltjlkjí, Judge. (1) It is a settled rule of American as well as English law, that when the first devisee has the absolute right to dispose of the property in his own unlimited discretion, and not a mere power of appointment among certain specified persons or classes, any estate over is void, as being inconsistent with the first gift. This exclusion of the devise over depends upon whether the first taker has the absolute right to dispose of the property. 2 Redfield on Wills, 277; Timewell v. Perkins, 2 A. T. K. 102; Burbank v. W hitney,…
1Opinion of the CourtBrace, J.
The plaintiff, Mary E. Munro, wnose maiden name was Mary Ellen Hellingsham, in this action seeks the aid of a court of equity in recovering certain property to which she claims to be entitled as a devisee under the will of her foster father, Prank Hardesty, and the discovery of other assets which she alleges are in the hands of defendant, Collins, to which she is entitled as such devisee. The will of said Hardesty is as follows:
“I, Prank Hardesty, of the city of St. Louis, state of Missouri, being weak in body, but of sound mind, and anxious to make such disposition of my property as to me…
2Cases cited10 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Green v. HewittIllinois Supreme Court · 1880
- Harbison v. JamesSupreme Court of Missouri · 1886
- Bean v. KenmuirSupreme Court of Missouri · 1885
- Carr v. DingsSupreme Court of Missouri · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cross v. HochSupreme Court of Missouri · 1899
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Small v. FieldSupreme Court of Missouri · 1890
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Armor v. FreySupreme Court of Missouri · 1910
20 more not listed; retrieve them via the Exa API.