Chiles v. Bartleson

• Citation: 21 Mo. 344
• Parties: CHILES & WIFE, Plaintiffs in Error, v. BARTLESON & OTHERS, Defendants in Error.
• Decision Date: 31 July 1855
• Court: Missouri Supreme Court

21 Mo. 344

CHILES & WIFE, Plaintiffs in Error,

v.BARTLESON & OTHERS, Defendants in Error.

Supreme Court of Missouri.

July Term, 1855.

1. A testator “willed and bequeathed” certain negroes and all his land to his wife, and, in a subsequent section, provided that, at her death, the “bequests” to her should be equally divided among his four children, and after specific legacies to the children, concluded his will with the declaration that all the bequests in it to his two daughters were “to them and the heirs of their bodies.” Held that his intention was, to give a life estate in the land to his wife, remainder in fee simple to his sons and in fee tail to his daughters; and that under our statute, (R. C. 1845, tit. Conveyances, § 5,) the effect was to give the daughters a life estate, remainder in fee to their children.

Error to Jackson Circuit Court.

This was a petition for partition filed by Henry T. Chiles and his wife, who was a daughter of John Bartleson, against the defendants, who were also children of said Bartleson. John Bartleson died seized of the land, leaving a will, the material provisions of which are as follows:

§ 3. I will and bequeath unto my beloved wife, Frances Bartleson, my negro man, Charles, his wife, Clara, and their four children, and all of my lands, with the appurtenances thereunto belonging, with a sufficiency of stock to support the farm.

§ 8. And further, after the above and foregoing bequests have been complied with, then out of the remainder of my estate, it is my will that the bequests made to my four children shall be made equal, according to my estimate, valued agreeably to their several bequests; the residue of my estate to be equally divided between my wife and four children. And further, it is my will that the bequests made to my wife, Frances, at her death, be equally “ divided between my four children.”

“ Be it known to all, that the bequests made to my two daughters in my above and foregoing will are made to them and the heirs of their bodies.”

The fourth, fifth, sixth and seventh sections of the will make specific bequests to each of the testator's four children, two sons and two daughters.

The Circuit Court held that the daughters were entitled to a life estate, “remainder in fee to the heirs of their bodies,” and gave judgment of partition accordingly.

Smart & Sheley, for plaintiffs in error.

1. The third clause of the will vested in the widow an estate in fee simple in the land, and at her death the same descended to her heirs, who are the plaintiffs and defendants. 2. If the eighth clause of the will operates upon the third, and vested in the widow a life estate, then the clause restricting the estate to the daughters being contrary to the statute in operation, the fee vested in the daughters immediately upon the death of the testator,...