Brown v. Fulkerson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — John A. Sea, Esq., Special Judge. (1) The conveyance to Catharine Woodall and the heirs of her body unquestionably created, at common law, an estate tail; and after the passage of the statute Be Bonis, which created estates tail, it was possible to limit a remainder, either vested or contingent, after such a conveyance to one and the heirs of her body. 2 Washburn on Real Property, p. 593, par. 13, and cases cited.
Read the full summary
Appeal from Jackson Circuit Court. — John A. Sea, Esq., Special Judge. (1) The conveyance to Catharine Woodall and the heirs of her body unquestionably created, at common law, an estate tail; and after the passage of the statute Be Bonis, which created estates tail, it was possible to limit a remainder, either vested or contingent, after such a conveyance to one and the heirs of her body. 2 Washburn on Real Property, p. 593, par. 13, and cases cited. (2) By our statute this estate tail in Catharine Woodall is broken into a life estate and a remainder in fee simple absolute. R. S. 1889, sec.…
1Opinion of the CourtMacfarlane, J.
This is an action in ejectment to recover the south half of lot 20 in Hansbaugh’s addition to the city of Independence. It is agreed that Jacob Johnson is the common source of title. His will is the same that was construed in Brown v. Rogers, ante, p. 392. For its provisions see that opinion.
The fourth paragraph of the will devised to Catharine Woodall, a daughter of the testator, and the heirs of her body the land in dispute. According to the construction given to the will the said devisee, Catharine Woodall, took a life estate only in this property with remainder in fee to her heirs. The…
2Cases cited4 opinions
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Aubuchon v. BenderSupreme Court of Missouri · 1869
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Emmerson v. HughesSupreme Court of Missouri · 1892
3Cited by5 opinions
- Audsley v. HaleSupreme Court of Missouri · 1924
- Grimes v. RushSupreme Court of Missouri · 1946
- Ward v. MeredithSupreme Court of Iowa · 1919
- Kay v. Politte.Supreme Court of Missouri · 1939
- Armor v. LewisSupreme Court of Missouri · 1913