Aldridge v. Aldridge

• Citation: 202 Mo. 565,101 S.W. 42
• Parties: ALDRIDGE et al. v. ALDRIDGE et al.
• Decision Date: 28 March 1907
• Court: United States State Supreme Court of Missouri

101 S.W. 42

202 Mo. 565

ALDRIDGE et al. v. ALDRIDGE et al.

Supreme Court of Missouri, Division No. 1.

March 28, 1907.

1. DEEDS—CONSTRUCTION—INTENT.

The cardinal rule of interpretation of a deed is the true intent and purpose of the maker, as that intent may be discerned from the instrument itself taking it all together, considering every part of it and viewing it in light of the circumstances surrounding the maker at the time of its execution.

2. WILLS—REQUISITES AND VALIDITY—WILL OR DEED.

Decedent executed an instrument in consideration of love and affection and $10, granting certain described premises on the condition that: "If I, the said C. A., outlive the said A. J. [his wife], the land reverts back to me in fee. That if I should die first then the said A. J. shall have this land for her lifetime for her use and support, and at her death said land to go in fee to C. L., my son. In connection with this I give all my live stock to go to her at my death." The instrument was acknowledged and delivered as of date, but not recorded until after the death of the grantor. Held that, considering the fact that the grantor was an old man and died within six months after the execution of the instrument together with his intention as gathered from the instrument, the instrument would be construed as a testamentary disposition of land and not a deed, under Rev. St. 1899, § 4596 [Ann. St. 1906, p. 2499], providing that "an estate of freehold or of inheritance may be made to commence in the future by deed in like manner as by will," so that the instrument not being executed as a will was void.

3. SAME—CONSTRUCTION.

Where an instrument conveying land contains in the granting clause the condition: "On this condition, however, that if I, the said C. A., outlive the said A. J. [his wife], the land reverts back to me in fee. That if I should die first then the said A. J. shall have this land," etc.—the word "that" in the beginning of the last sentence is used as a conjunction with the same meaning the same word has in the preceding sentence.

Appeal from Circuit Court, Schuyler County; Nat. M. Shelton, Judge.

Bill by William F. Aldridge and others against Max N. Aldridge and others to quiet title to land. From a decree for defendants, plaintiffs appeal. Reversed.

Higbee & Mills, for appellants. C. C. Fogle & Sons, C. M. York, and Rolston & Frank, for respondents.

VALLIANT, P. J.

Suit under section 650, Rev. St. 1899 [Ann. St. 1906, p. 667], to quiet title to 120 acres of land in Schuyler county. Charles Aldridge, the common source, died intestate February 19, 1903, leaving a widow, 10 children, and two grandchildren, who (except the widow and one son, Charles L.) are parties to this suit.

A short while before his death Charles Aldridge executed a document purporting to convey the land in question to his wife for life, remainder to his son Charles L. After his death those two conveyed their title, whatsoever it was, to Lewis M. Starbuck, who is a defendant in this suit, and he now claims the land through those deeds. The point on which the case turns is the interpretation to be placed on the document above mentioned executed by Charles Aldridge in his lifetime. If that document is construed to be a deed of conveyance, the defendant Starbuck's title is valid. If, however, it is construed to be only an ineffectual effort at making a testamentary disposal of the land, then Starbuck's claim is invalid, except as to the shares of the widow and one of the heirs, and therefore the plaintiffs are entitled to their respective shares as heirs at law of their father and grandfather. The document to be construed is as follows:

"This indenture, made on the 10th day of January A. D. one thousand nine hundred and three by and between Charles Aldridge of Schuyler county, Missouri, party of the first part, and Amelia J. Aldridge, life tenant, and Charles L. Aldridge, remainderman of the county of Schuyler, in the state of Missouri, party of the second part.

"Witnesseth, that the said party of the first part, in consideration of the sum of love and affection, and ten dollars, to him paid by the said parties of the second part, the receipt of which is hereby acknowledged, does by these presents grant, bargain and sell, convey and confirm unto the said parties of the second part, their heirs and assigns, the following described lots, tracts or parcels of land, lying, being and situate in the county of Schuyler and state of Missouri, to wit:

"The N. E. ¼ of the S. W. quarter and the N. W. quarter of the S. E. quarter of section three, and the N. E. quarter of the S. W. quarter of section ten (10) all in township sixty-four, range fourteen (14) on this condition however, that if I, the said Charles Aldridge outlive the said Amelia J. Aldridge the land reverts back to me in fee. That if I should die first then the said Amelia J. Aldridge shall have this land for her lifetime for her use and support and at her death said land to go in fee to Charles L. Aldridge my son. In connection with this I give to my wife the said Amelia J. Aldridge all my live stock to go to her at my death.

"To have and to hold the premises aforesaid, with all and singular the rights, privileges appurtenances and immunities thereto belonging or in anywise appertaining, unto the said parties of the second part, and unto their heirs and assigns, forever; the said Charles Aldridge hereby covenanting that he is lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that he has good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by him or those under whom he claims, and that he will warrant and defend the title to the said premises unto the said parties of the second part, and unto their heirs and assigns, forever, against the lawful claims and demands of all persons whomsoever, subject to the conditions above mentioned and my debts.

"In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written."

This instrument was acknowledged in due form as on the day of its date, and there was evidence tending to show that it was delivered to the grantees on that day, but it was not filed for record until February 23,...