Gaven v. Allen
Supreme Court of Missouri
Appeal from, St. Louis County Court.. (1) Appellant is the owner in fee simple ox tne property in St. Louis by virtue of the residuary clause in the will of Anthony Caven, viz.: “As to the rest, residue or remainder of my property, whatsoever or wheresoever the same may be, and not hereinbefore given and disposed of after payment * * '* I give and bequeath unto my said wife, Ellen Caven.’ Schouler on Wills, secs. 484, 485, 510, 522, 525, 549, inclusive; 2 Jarman on Wills [5…
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Appeal from, St. Louis County Court.. (1) Appellant is the owner in fee simple ox tne property in St. Louis by virtue of the residuary clause in the will of Anthony Caven, viz.: “As to the rest, residue or remainder of my property, whatsoever or wheresoever the same may be, and not hereinbefore given and disposed of after payment * * '* I give and bequeath unto my said wife, Ellen Caven.’ Schouler on Wills, secs. 484, 485, 510, 522, 525, 549, inclusive; 2 Jarman on Wills [5 Amer. Ed., Randolph & Talcott Ed.] pp. 315, 326; 2 Jarman on Wills, p. 321, note 2, cases cited; pp. 320-5, and p. 329;…
1Opinion of the CourtBlack, J.
Anthony Gaven, a citizen of Great Britain, residing in Ireland, died testate in September, 1880, being then the owner in fee of the parcel of real estate now in question, which is situated in the city of St. Louis, in this state. The will was probated in Ireland, and a copy thereof and of the probate recorded in the city of St. Louis. The plaintiff is. the widow of the testator, and claims the property by the will of her husband. She sold it to the defendant, and this is a suit brought by her as vendor for the specific performance of that contract. The case is here by appeal from the judgment…
2Cases cited1 opinion
- Owen v. SwitzerSupreme Court of Missouri · 1873
3Cited by8 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Hines v. HinesSupreme Court of Missouri · 1912
- Wilmington Trust Co. v. HoulehanCourt of Chancery of Delaware · 1925
- Knost v. KnostSupreme Court of Missouri · 1910
- Buschmeyer v. EikermannSupreme Court of Missouri · 1964
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