Lemmons v. Reynolds
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Ron. D. H. Eby. Judge. (1) The common-law rule relating to survivor-ship has been abolished except as to husband, wife and trustees. It requires an express declaration to create a joint tenancy. The effect of the decree of the circuit court is to retain and apply the ancient rule.
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Appeal from Pike Circuit Court. — Ron. D. H. Eby. Judge. (1) The common-law rule relating to survivor-ship has been abolished except as to husband, wife and trustees. It requires an express declaration to create a joint tenancy. The effect of the decree of the circuit court is to retain and apply the ancient rule. R. S. 1899, sec. 4600; Rodney v. Landau, 104 Mo. 251. (2) The old doctrine relating to survivorship in cases of gifts to classes does not apply In other jurisdictions under statutes abolishing joint tenancies, it is held that a devise, such as is here under .consideration, lapses.…
1Opinion of the CourtMarshall, J.
This is a suit to partition about an acre of land, being a part of the southwest quarter of section 24, township 53, of range 3, in Bowling Green, Pike county. The property belonged to Hannah A. Reynolds, a colored woman. The plaintiff and the defendants, James C. Reynolds and Willie Ann Turner, are her children. She also had another child, John W. Reynolds, who predeceased his mother. All of said children were born prior to 1861, while she was a slave, and the plaintiff had a different father from the others. She died in the year of 1899, testate. By her will she devised a certain forty-acre…
2Cases cited4 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Arthur v. WestonSupreme Court of Missouri · 1856
- Crecelius v. HorstSupreme Court of Missouri · 1883
- Crecelius v. HorstMissouri Court of Appeals · 1880
3Cited by17 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- State Ex Rel. Ashauer v. HostetterSupreme Court of Missouri · 1939
- McIntosh v. WigginsSupreme Court of Missouri · 1947
- Holloway v. BurkeSupreme Court of Missouri · 1935
- Dodd v. McGeeSupreme Court of Missouri · 1945
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