Martin v. Lachasse
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The devise of the testator to his three sons became void on the failure of the contingency upon which it was predicated. As John died without issue before the testator died, and the devise was wholly dependent on his arriving at age, it could never take effect, and is void. And as the subsequent provisos are also wholly dependent on his arriving at age, the whole clause is void. II.
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Appeal from St. Louis Circuit Court. I. The devise of the testator to his three sons became void on the failure of the contingency upon which it was predicated. As John died without issue before the testator died, and the devise was wholly dependent on his arriving at age, it could never take effect, and is void. And as the subsequent provisos are also wholly dependent on his arriving at age, the whole clause is void. II. Even if John had any interest, when he died it lapsed. (1 Jarm. Wills, 300, and notes; 1 Hop. Leg. 320 ; 30 N. Y. 393 ; Lovel. Wills, 15 Law Lib., 3d series, 239.) cited…
1Opinion of the CourtWagner, Judge
By the agreed statement of facts the only questions that can arise depend upon the construction to be given to the last will of John Lachasse, deceased. It seems that the testator, on the 30th day of August, 1841, was seized of and in possession of the tract of land or farm in controversy, and that on that day he made his last will and testament, which was duly probated after his death. Ho had eight children, three males and five females, all named in the will. The will is as follows: “First. I give and bequeath unto my wife all my estate, real, personal and mixed, to be managed for the good…
2Cases cited1 opinion
- Bredell v. CollierSupreme Court of Missouri · 1867
3Cited by4 opinions
- Payne v. ReeceSupreme Court of Missouri · 1923
- Philbert v. CampbellSupreme Court of Missouri · 1927
- Rockwell v. SwiftSupreme Court of Connecticut · 1890
- Young v. RobinsonMissouri Court of Appeals · 1906