Legal Opinion

Freeman v. Maxwell

Supreme Court of Missouri

Decided November 24, 1914PublishedCited by 5 opinions

Appeal from Boone Circuit Court. — Hon. David H. Harris/ Judge. (1) The court erred in holding that Amanda Bra-shears had only a life interest in the rents and profits of the real estate in question and described in the petition of plaintiffs.

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Appeal from Boone Circuit Court. — Hon. David H. Harris/ Judge. (1) The court erred in holding that Amanda Bra-shears had only a life interest in the rents and profits of the real estate in question and described in the petition of plaintiffs. This question depends upon the construction to be given the deed from McHenry Barkwell et al, to George W. Henderson, trustee for Amanda Brashears (a married woman), for her sole and separate use, and the will of Gilbert Akers, deceased. There are no words in either the deed or will which expressly limit Amanda Brashears’s use to her life only. Nor are…

1Opinion of the Court

WILLIAMS', C.

This is a suit to determine the title to 80 acres of land in Boone county, Missouri, described as follows: The south half of the northeast quarter of section 4, township 48, range 13. The plaintiffs, Bettie Freeman, Birdie Davenport, Minnie Herndon, Pearl Anderson, Gardiner Brashears, James Bra-shears, Scott Brashears, Gilbert Brashears, and the defendant Georgia Maxwell, are the only surviving children of Amanda Brashears, deceased. In 1885, one Gilbert Akers, the father of.said Amanda Brashears, deceased, died, leaving a will bequeathing a certain legacy in trust for his…

2Cases cited6 opinions

  1. Patterson v. BoothSupreme Court of Missouri · 1890
  2. Gibson v. GibsonSupreme Court of Missouri · 1912
  3. Webb v. HaydenSupreme Court of Missouri · 1901
  4. Pugh v. HayesSupreme Court of Missouri · 1893
  5. Ryland v. BanksSupreme Court of Missouri · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gibson v. GibsonSupreme Court of Missouri · 1920
  2. Chapman v. ChapmanSupreme Court of Missouri · 1934
  3. Hynds v. HyndsSupreme Court of Missouri · 1918
  4. Matthews v. Van CleveSupreme Court of Missouri · 1920
  5. Fullerton v. FullertonSupreme Court of Missouri · 1939

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