Craig v. Bradley
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Eon. Samuel Davis, Judge. (1) Joint tenancies existed at common law in both real and personal property. Johnston v. Johnston, 173 Mo. 118. (2) Joint tenancies as to real property were abolished except as to husband and wife by the statute, unless expressly and specifically declared to be a joint tenancy by the conveyance or instrument creating it.
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Appeal from Johnson Circuit Court. — Eon. Samuel Davis, Judge. (1) Joint tenancies existed at common law in both real and personal property. Johnston v. Johnston, 173 Mo. 118. (2) Joint tenancies as to real property were abolished except as to husband and wife by the statute, unless expressly and specifically declared to be a joint tenancy by the conveyance or instrument creating it. R. S. 1899, sec. 4800; R. S. 1909, sec. 2878. (3) “The modem rule of equity is certainly to defeat a joint tenancy whenever it is possible.” Schooler, Personal Prop., sec. 156; Johnston v. Johnston, 173 Mo. 91,…
1Opinion of the CourtEllison, J.
William E. Bradley and Julia A. Bradley were husband and wife, without children. They lived to an old age and died a few days apart, he on the 16th and she on the 29th of March, 1909. He left a will whereby he gave to Julia A. all of his personal property during her life. Defendant was appointed administrator of the estate. Upon Julia’s death plaintiff, as public administrator, was put in charge of her estate, and he then brought this action to recover the following personal property claimed by defendant to belong to him as administrator of her deceased husband:
*590One note for $3600 payable to…
2Cases cited15 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Hall v. StephensSupreme Court of Missouri · 1877
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Barber v. HarrisNew York Supreme Court · 1836
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3Cited by20 opinions
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930
- Leuzinger v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Supreme Court of Missouri · 1965
- Smith v. SmithMissouri Court of Appeals · 1957
- Ramsey v. RamseySupreme Court of Arkansas · 1975
- GarlandSupreme Judicial Court of Maine · 1927
15 more not listed; retrieve them via the Exa API.