Legal Opinion

Yocum v. Siler

Supreme Court of Missouri

Decided February 19, 1901PublishedCited by 31 opinions

Appeal from Platte Circuit Court. — Hon. Wm. 8. Herndon, Judge. (1) The rule in Shelley’s case has long since been abrogated, and is no longer considered as authority in construing deeds and wills. Riggins v. McClelland, 84 Mo. 33; Tesson v. Newman, 162 Mo. 195. (2) Revised Statutes 1889, sec. 8836, reduces all estates in fee-tail to a life estate in the first taker, as a life tenant, and the fee in the remainderman.

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Appeal from Platte Circuit Court. — Hon. Wm. 8. Herndon, Judge. (1) The rule in Shelley’s case has long since been abrogated, and is no longer considered as authority in construing deeds and wills. Riggins v. McClelland, 84 Mo. 33; Tesson v. Newman, 162 Mo. 195. (2) Revised Statutes 1889, sec. 8836, reduces all estates in fee-tail to a life estate in the first taker, as a life tenant, and the fee in the remainderman. (3) In the interpretation of a will, the intention of the testator is the polar star, and in searching after the intention, the whole will must be read together, and effect given…

1Opinion of the CourtGantt, J.

This is an action in .ejectment by plaintiffs to récover of defendants the northwest quarter of section 7, township 53, range 35, said lands lying in Platte county, Missouri. The judgment in the circuit court was for defendants, and plaintiffs appeal.

The petition is in the usual statutory form, and the answer is a general denial.

The case was tried upon the following agreed statement of facts and the will of George W. Yocum, deceased, upon part of plaintiffs, and the evidence offered by defendants.

Agreed Statement oe Eacts.

“It is agreed by and between the parties hereto that George W. Yocum is…

2Cases cited4 opinions

  1. Roseboom v. . RoseboomNew York Court of Appeals · 1880
  2. Clarke v. . LeuppNew York Court of Appeals · 1882
  3. Small v. FieldSupreme Court of Missouri · 1890
  4. Cook v. CouchSupreme Court of Missouri · 1889

3Cited by31 opinions

  1. Roth v. RauschenbuschSupreme Court of Missouri · 1903
  2. Gannon v. AlbrightSupreme Court of Missouri · 1904
  3. Armor v. FreySupreme Court of Missouri · 1910
  4. Underwood v. CaveSupreme Court of Missouri · 1903
  5. Cornet v. CornetSupreme Court of Missouri · 1913

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