Pratte v. Coffman's
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. This was a cause submitted to the circuit court upon an agreed statement of facts. Joseph Coffman died leaving a last will and testament, by which, among many other devises, he devised a plantation known as the Bellefontaine tract to his three grand-children, Mary, Joseph and Bernard Pratte. At the time of the testator’s death there was a crop of wheat growing on said plantation.
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Appeal from Ste. Genevieve Circuit Court. This was a cause submitted to the circuit court upon an agreed statement of facts. Joseph Coffman died leaving a last will and testament, by which, among many other devises, he devised a plantation known as the Bellefontaine tract to his three grand-children, Mary, Joseph and Bernard Pratte. At the time of the testator’s death there was a crop of wheat growing on said plantation. By the ninth clause of the will it was provided as follows : “ It is my will and desire that my executor hereinafter named shall sell the interest I own in the mill property…
1Opinion of the CourtScott, Judge
On general principles a devise of land carries with it the crops growing upon it. If the devisee is entitled to the crop as against the heir, it is because it is considered as a part of the realty and goes along with it. In the case of McIlvaine v. Harris, 20 Mo. 457, it was held that a growing crop of wheat was an interest in land. . As between the executor and heir, growing crops may be personalty; but, as between heir or executor and devisee, they are deemed a part of the realty. It is clear, then, that by the devise the growing crop passed along with the land and must remain with it,…
2Cases cited1 opinion
- McIlvaine v. HarrisSupreme Court of Missouri · 1855
3Cited by4 opinions
- Blum, Admr. v. FrostMissouri Court of Appeals · 1938
- State ex rel. Cooper v. GoodrichSupreme Court of Missouri · 1911
- Steele ex rel. Milroy v. FarberSupreme Court of Missouri · 1865
- In re the Judicial Settlement of the Account of the Executors of ClemansNew York Surrogate's Court · 1890