Tremmel v. Kleiboldt
Supreme Court of Missouri
Error to St. Louis Court of Appeals. The estate of Louisa Kleiboldt was a life estate, with power of appointment; the contingent remainder to her heirs could only unite with her life estate, so as to give her the fee, by virtue of the rule in Shelley’s ease, which does not exist in Missouri. 2 Wag. Stat., § 6, p. 1351; 2 Wash.
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Error to St. Louis Court of Appeals. The estate of Louisa Kleiboldt was a life estate, with power of appointment; the contingent remainder to her heirs could only unite with her life estate, so as to give her the fee, by virtue of the rule in Shelley’s ease, which does not exist in Missouri. 2 Wag. Stat., § 6, p. 1351; 2 Wash. Real Prop., (4 Ed.) pp. 598, 599, top ; Pendleton v. Bell, 32 Mo. 10,0. Even-the rule in Shelley’s case would not enlarge the wife's life estate into a fee, her estate for life being equitable, and the’ remainder, as executed by the statute, being legal. 2 Wag. Stat., §…
1Opinion of the CourtHough, J.
This is an action of ejectment. The *257plaintiff, Elizabeth Tremmel, is the wife of her co-plaintiff', Erauk Tremmel, and is the daughter of the defendant, and of the defendant’s deceased wife Louisa, and is sole heir at law of her'mother.
On the 2nd day of January, 1871, the defendant conveyed the premises in controversy to one Gotlieb Wittier, as trustee, for the sole and separate use of his wife, Louisa. The portions of said deed which are material to the present controversy, are as follows: “ To have and to hold the same, with all the rights, privileges and appurtenances thereto belonging, or…
2Cases cited4 opinions
- Green v. SuttonSupreme Court of Missouri · 1872
- Roberts v. MoseleySupreme Court of Missouri · 1873
- Alexander v. WarranceSupreme Court of Missouri · 1852
- Baker v. NallSupreme Court of Missouri · 1875
3Cited by14 opinions
- Depue v. MillerWest Virginia Supreme Court · 1909
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Donovan v. GriffithSupreme Court of Missouri · 1908
- Cornwell v. OrtonSupreme Court of Missouri · 1895
- Jackson v. LittellSupreme Court of Missouri · 1908
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