Walter v. Dickmann
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. 1 (1) As the trust created in clause seventh of the will of Mary Walter is not restricted to a life or lives in being and twenty-one years it violates the law as to perpetuities and is void. 30 Cyc. 1483;; Sheppard v. Fisher, 206 Mo. 208. (2) The intention of the testatrix must be gathered from the words employed in, the will.
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Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. 1 (1) As the trust created in clause seventh of the will of Mary Walter is not restricted to a life or lives in being and twenty-one years it violates the law as to perpetuities and is void. 30 Cyc. 1483;; Sheppard v. Fisher, 206 Mo. 208. (2) The intention of the testatrix must be gathered from the words employed in, the will. Thompson on Wills, p. 136-, sec. 157; 1 Schouler on Wills (5 Ed.), p. 586, sec. 466; 2 Woerner’s Am. Law of A dm. (2 Ed.), sec. 414, p. 870; Hprst v. Yan de Yeld, 158 Mo. 239; Settle v. Shafer, 229…
1Opinion of the Court
WHITE, C.
The plaintiff sought to enjoin the sale under execution by defendant Joseph Dickmann, sheriff, of certain real estate. The execution was issued on a judgment in favor of defendant Julius E. Greffet and against defendant John S. Guhman. The property was levied upon as the property of defendant John S. Guhman, and plaintiff brought this suit to restrain the sale, claiming the real estate was her own and such sale would cloud her title. On the filing of the petition the trial court granted a temporary injunction, which on'a final hearing was made perpetual; the sheriff and Greffet…
2Cases cited11 opinions
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Earl v. GrimNew York Court of Chancery · 1815
- Sandusky v. SanduskySupreme Court of Missouri · 1914
- Cornwell v. Mount Morris Methodist Episcopal ChurchWest Virginia Supreme Court · 1913
- McMichael v. . HuntSupreme Court of North Carolina · 1880
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3Cited by4 opinions
- Carter v. Boone County Trust Co.Supreme Court of Missouri · 1936
- Lehmann v. JanesSupreme Court of Missouri · 1966
- Van Every v. McKaySupreme Court of Missouri · 1932
- Moran v. SutterSupreme Court of Missouri · 1950