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Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 260

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 260


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...Our own Supreme Court and the courts of other States have held that such a deed creates a life estate in the grantees named and a remainder in fee simple in all of his children whether born before or after the execution of the deed. Kinney v. Matthews, 69 Mo. 525; Hubbird v. G'oin, 137 Fed. 822. (8) As has beensuggested by our Supreme Court, the natural course for a grantor to pursue in case he wishes to grant such an estate is to name the living children as grantees together with their parent. Tygard v. Hartwell, 204 Mo. 206; Rines v. Mansfield, 96 Mo. 399. (9) While many of the authorities hold that a conveyance of an estate in present to the heirs of a living person is void, it is clear that there may be a valid conveyance or devise to any person for life with remainder to the heirs of another person who is living, the remainder thus created being contingent until such time as the remaindermen are definitely ascertained by the death of their ancestor, when it immediately becomes vested. Preston v. Brant, 96 Mo. 559; Tiedeman on Real Property (2 Ed.), sec. 411; 24 Am. & Eng. Ency. Law (2 Ed.), 397. (10) After we have gleaned the general principles of law from the cases, each case must stand on its own facts. Aldridge v. Aldridge, 202 Mo. 573; Fanning v. Doan, 128 Mo. 328. (11) If a deed cannot operate exactly as intended but can operate in another mode which will carry out the purpose and intent of the grantor, it will be so construed. 2 Devlin on Deeds (1 Ed.), sec. 837; Fanning v. Doan, 128. MO.. 329. (12) If the Robert Johnson deed be construed as vesting a life estate in Mary E. Johnson with remainder to the children of Thomas Johnson, the remainder created would be to the chil Johnson v. Calvert. dren as a class, and...


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Product Details
  • ISBN-13: 9781230046624
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 290
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1230046623
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 522 gr


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