Legal Opinion

Sikemeier v. Galvin

Supreme Court of Missouri

Decided October 18, 1894PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. (1) It is a well settled rule of law that an estate in remainder, to parties who may come in esse, may be partitioned. Beinders v. Koppebnann, 68 Mo. 482; Wills v. Slade, 6 Ves. Ch. 498; 1 Story on Equity Jurisprudence [13 Ed.], sec. 656a; Mead v. Mitchell, 17 N. T. 210; Jenkens v. Fahey, 73 N. Y. 355; R. S. 1889, see. 7136. (2) An estate in remainder may be partitioned during the life of the life tenant.

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Appeal from St. Louis City Circuit Court. (1) It is a well settled rule of law that an estate in remainder, to parties who may come in esse, may be partitioned. Beinders v. Koppebnann, 68 Mo. 482; Wills v. Slade, 6 Ves. Ch. 498; 1 Story on Equity Jurisprudence [13 Ed.], sec. 656a; Mead v. Mitchell, 17 N. T. 210; Jenkens v. Fahey, 73 N. Y. 355; R. S. 1889, see. 7136. (2) An estate in remainder may be partitioned during the life of the life tenant. Beinders v. Koppelmann, 64 Mo. 482; Preston v. Brant, 96 Mo. 552; Gaskell v. Gaskell, 6 Sim. Ch. 643; Wills v. Slade,. 6 Ves. Ch. 498; Baring v.…

1Opinion of the CourtBbace, J.

Dennis Galvin, by his last will and testament, executed in January, 1886, devised all his real estate to his wife, Margaret, for life, and, subject to her life estate, among other devises, made the following: “To my daughter, Margaret Galvin, wife or Henry Sikemeier, for and during her natural life, I give, bequeath and devise a lot in same block number 149, fronting twenty-two feet, six inches, on the east side of Seventh street and running back eastwardly, like the two preceding lots, eighty-two feet in depth, to an alley four feet in width, and on which is erected the building number 804,…

2Cases cited2 opinions

  1. Reinders v. KoppelmannSupreme Court of Missouri · 1878
  2. Godman v. SimmonsSupreme Court of Missouri · 1892

3Cited by15 opinions

  1. Gray v. Union Trust Co.California Supreme Court · 1915
  2. Barnard v. KeathleySupreme Court of Missouri · 1910
  3. Stewart v. JonesSupreme Court of Missouri · 1909
  4. Stevens v. LarwillMissouri Court of Appeals · 1904
  5. Stockwell v. StockwellSupreme Court of Missouri · 1914

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