Grace v. Perry
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. The power of disposal vested in James S. Dougherty, Jr., of his interest in the property is unlimited at his discretion, and the very fact that he added to the words which make the deed convey a fee simple title the words “the absolute estate in fee simple title in and the undivided half of,” etc., plainly shows that it was not his life interest he intended to dispose of, but his absolute estate in fee…
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Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. The power of disposal vested in James S. Dougherty, Jr., of his interest in the property is unlimited at his discretion, and the very fact that he added to the words which make the deed convey a fee simple title the words “the absolute estate in fee simple title in and the undivided half of,” etc., plainly shows that it was not his life interest he intended to dispose of, but his absolute estate in fee simpl® in this deed of trust; he gives full power and authority upon condition that these notes specified in the deed of…
1Opinion of the CourtBrace, C. J.
This is a suit for partition of a lot of ground in Block 208 E., in the city of St. Louis, fronting thirty feet on the west line of Thirteenth street *557and running westwardly that width to the east line of Centre street; of the undivided one-half of which the plaintiff, in his petition, claimed to he the owner as tenant in common in fee simple with the defendants.
The judgment was for the defendants, and the plaintiff appeals.
Since the case has been pending in this court, the plaintiff has died, and the case has been revived in the names of Thomas L. M. Grace, Margaret M. Grace, executors and…
2Cases cited21 opinions
- Garland v. SmithSupreme Court of Missouri · 1901
- Cross v. HochSupreme Court of Missouri · 1899
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Green v. SuttonSupreme Court of Missouri · 1872
- Harbison v. JamesSupreme Court of Missouri · 1886
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3Cited by52 opinions
- Edds v. Mitchell, Admr.Texas Supreme Court · 1945
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Burrier v. JonesSupreme Court of Missouri · 1936
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
- Gildersleeve v. LeeOregon Supreme Court · 1921
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