Priest v. McFarland
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Eon. James D. Barnett, Judge. (1) The evidence as to declarations by Harriet McFarland concerning the consideration for the deed in controversy is res inter alios acta as to these plaintiffs, and is not competent as against them. They do not claim in privity with the declarant. Its admission was error.
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Appeal from Lincoln Circuit Court. — Eon. James D. Barnett, Judge. (1) The evidence as to declarations by Harriet McFarland concerning the consideration for the deed in controversy is res inter alios acta as to these plaintiffs, and is not competent as against them. They do not claim in privity with the declarant. Its admission was error. Brown v. Patterson, 224 Mo. 639; Howell v. Sherwood, 242 Mo. 540; Davis v. Green, 102 Mo. 183; Spradling v. Conway, 51 Mo. 54. (2) A power to convey the fee given to a tenant for life is a power appendant, and the estate conveyed by the execution of the…
1Opinion of the Court
OPINION.
I
BOND, J.
*236Will: Life Estate: Power of Disposition, *235(After stating the facts as above).— There is no proposition better settled than that where a life estate is expressly or impliedly created by will or deed, coupled with a superadded power of disposi*236tion in the life tenant and a remainder in fee, if that power is not exercised, the limitation over take full effect unless the power to dispose given to the life tenant has been exercised according to the strict terms in which it was bestowed. [Grace v. Perry, 197 Mo. l. c. 562, and cases cited; Armour v. Frey, 226 Mo. l. c. 669; Burnet v.…
2Cases cited1 opinion
- Miller v. HoltSupreme Court of Missouri · 1878
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