Legal Opinion

Pratte v. Coffman's

Supreme Court of Missouri

Decided October 15, 1858PublishedCited by 4 opinions

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

  1. McIlvaine v. HarrisSupreme Court of Missouri · 1855

3Cited by4 opinions

  1. Blum, Admr. v. FrostMissouri Court of Appeals · 1938
  2. State ex rel. Cooper v. GoodrichSupreme Court of Missouri · 1911
  3. Steele ex rel. Milroy v. FarberSupreme Court of Missouri · 1865
  4. In re the Judicial Settlement of the Account of the Executors of ClemansNew York Surrogate's Court · 1890

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