King v. Theis
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. A. H. Waller, Judge. (1) Upon the marriage of Fanny E. Cooper tho devise made in item three of the will of David Cooper, was to the four children as a class, and the devise was to them and the bodily heirs of each of them, thereby entailing the real estate upon them.
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Appeal from Howard Circuit Court. — Hon. A. H. Waller, Judge. (1) Upon the marriage of Fanny E. Cooper tho devise made in item three of the will of David Cooper, was to the four children as a class, and the devise was to them and the bodily heirs of each of them, thereby entailing the real estate upon them. Long v. Timms, 107 Mo. 519; Faris v. Ewing, 183 S. W. 280; R. S. 1909, sec. 2874. (2) The survivor of the four children of David Cooper, Sallie A. King, took the whole estate as a life tenant, and upon her death the plaintiffs herein took the estate in fee simple as.purchaisers under their…
1Opinion of the CourtBond, P. J.
I. This is an action in two counts, one for an ejectment and the other to try title. The subject of the suit is twenty-six acres of land lying in Howard County, which were a part of the farm of David Cooper, who died in 1869, leaving four children, to whom he devised the land in question by the following clause of his will:
“3rd. It is my wish that my daughter Fannie E. Cooper have the use of my farm on which I now reside, during her natural life or until she is married, after which I desire that my children, J. D. Cooper, Eliza J. "Woods and Sallie King shall have an equal part of my estate…
2Cases cited6 opinions
- DeHatre v. EdmondsSupreme Court of Missouri · 1906
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- Stevenson v. SmithSupreme Court of Missouri · 1905
- LeBourgeoise v. McNamaraSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dodd v. McGeeSupreme Court of Missouri · 1945
- Johnson v. MooreSupreme Court of Missouri · 1940
- Crews v. MaupinSupreme Court of Missouri · 1920
- Brown v. BibbSupreme Court of Missouri · 1947