Grannemann v. Grannemann

• Decision Date: 12 April 1948
• Docket Number: 40418
• Citation: 210 S.W.2d 105
• Parties: Merlin L. Grannemann, Oscar H. Grannemann and Edith L. Granneman, Plaintiffs-Respondents, v. Clara Grannemann, Witte Hdw. Co., Swift Fertilizer Works, Janet Mfg. Co., Ely Walker Dry Goods Co., Louise Rethemeyer, American Packing Co., the Delaval Separator Co., Mishawaka Rubber & Wollen Mfg. Co., H. P. Coffee Co., Rice-Stix Dry Goods Co., Blackwell Wielandy Co., Swift & Co., David G. Evans Coffee Co., American Steel & Wire Co., Butler Bros., Citizens Bank of New Haven, Spool Cotton Co., Nutrine Candy Co., Wolverine Shoe & Tanning Corp., Van Clavert Paint Co., Langenberg Hat Co., National Candy Co., National Office Sup. Co., Mike Mazuk & Scheer Trans. Co., Silver Mfg. Co., New Haven Leader, J. Johnson Fruit & Produce Co., Plymouth Cordage Co., Fidelity Telephone Exchange, Union Biscuit Co., A. P. Summers Broom Co., Mo. Valley Creamery Co., George Carrington, Franklin County, Neiburh Sausage Co., John Deere Plow Co., G. H. Wetterau & Sons Groc. Co., C. F. Niermeyer Motor Co., Standard Merc. Co., Corneli Seed Co., and Jeffie Grannemann, surviving Executrix of Estate of Oscar Grannemann, deceased, Defendants, Louise Rethemeyer, Appellant
• Court: Missouri Supreme Court

210 S.W.2d 105

Merlin L. Grannemann, Oscar H. Grannemann and Edith L. Granneman, Plaintiffs-Respondents, v. Clara Grannemann, Witte Hdw. Co., Swift Fertilizer Works, Janet Mfg. Co., Ely Walker Dry Goods Co., Louise Rethemeyer, American Packing Co., the Delaval Separator Co., Mishawaka Rubber & Wollen Mfg. Co., H. P. Coffee Co., Rice-Stix Dry Goods Co., Blackwell Wielandy Co., Swift & Co., David G. Evans Coffee Co., American Steel & Wire Co., Butler Bros., Citizens Bank of New Haven, Spool Cotton Co., Nutrine Candy Co., Wolverine Shoe & Tanning Corp., Van Clavert Paint Co., Langenberg Hat Co., National Candy Co., National Office Sup. Co., Mike Mazuk & Scheer Trans. Co., Silver Mfg. Co., New Haven Leader, J. Johnson Fruit & Produce Co., Plymouth Cordage Co., Fidelity Telephone Exchange, Union Biscuit Co., A. P. Summers Broom Co., Mo. Valley Creamery Co., George Carrington, Franklin County, Neiburh Sausage Co., John Deere Plow Co., G. H. Wetterau & Sons Groc. Co., C. F. Niermeyer Motor Co., Standard Merc. Co., Corneli Seed Co., and Jeffie Grannemann, surviving Executrix of Estate of Oscar Grannemann, deceased, Defendants, Louise Rethemeyer, Appellant

No. 40418

Supreme Court of Missouri, Second Division

April 12, 1948

From the Circuit Court of Franklin County, Civil Appeal, Judge Ransom A. Breuer

Reversed

OPINION

Westhues C.

Plaintiffs, as heirs of Oscar Grannemann, deceased, filed this suit asking for a construction of the last will and testament of Louis Grannemann, deceased. The trial court entered a decree interpreting the will and the defendant Louise Rethemeyer appealed.

All of the above named defendants were described as creditors of the estate of Oscar Grannemann, except Jeffie Grannemann who was described as the serving executrix of Oscar's estate and also an heir of Oscar Grannemann. The case was dismissed as to the Citizens Bank of New Haven and C. S. Buchanon entered his appearance as trustee of the stockholders of the now defunct Citizens Bank of New Haven.

In March, 1913, the testator executed the will in question. By it he empowered his executors to continue his business operations, to sell what property they deemed advisable and to reinvest the proceeds as they deemed best. A number of special bequests were made by which he gave to each of his two sons, Oscar and Guy, the sum of $8000; to such grandchildren as may be living at his death $200 each and to an adopted daughter the sum of $4000. By a codicil he provided that, after the death of both himself and his wife the use of the home, located on lot number 29 in Hammack's First Addition to the town of New Haven, Missouri, should be enjoyed by his adopted daughter for life and then revert to his, the testator's, heirs.

Clause six, which may be termed the residuary clause and which gave rise to this lawsuit, reads as follows:

"6th. I give and bequeath all of the balance of my estate, both personal and real, to my beloved wife Lydia Grannemann, and after her death and the payment of the above legacies, the balance of the estate both personal and real shall be divided equally between Oscar Grannemann and Guy Grannemann or their heirs." The testator died on November 12, 1929, and his will was duly probated in the Probate Court of Franklin County, Missouri. Oscar Grannemann, one of the sons, died on February 25, 1935. The widow, Lydia Grannemann, died on August 6, 1940. When Oscar Grannemann died he was hopelessly insolvent and numerous claims were allowed against his estate which remained unpaid. Appellant, Louise Rethemeyer, held one of these claims which with interest amounted to about $5000. After the widow's death the probate court ordered the interest of Oscar in his father's estate to be sold to satisfy the demands against Oscar's estate. Plaintiffs then filed this suit. Plaintiffs claim that Oscar's interest in the estate of his father was a contingent remainder and that since he died prior to his mother, the life tenant, the title vested in plaintiffs, Oscar's children, and that their father's estate has no interest in such property. The appealing defendant claims that on the death of the testator Oscar received, under the terms of the will, a vested remainder and when he died in 1935 his interest in his father's estate was subject to the debts allowed against his estate.

Respondents, plaintiffs below, in their brief correctly state the issue presented on this appeal thus:

"The question presented is that: Did testator, Louis Grannemann by his Will, intend to devise to his sons Oscar and Guy vested interests in his personal and real estate to become effective or vested immediately upon his death, or was it his intention to devise to his sons contingent interests in his personal and real estate to become effective only after the death of his widow, Lydia Grannemann, to whom he devised a life estate?" It will be noted that the testator by his will made a number of substantial special bequests. In the residuary clause he gave his property to his wife "* * * and after her death and the payment of the above legacies, the balance of the estate both personal and real shall be divided equally between Oscar Grannemann and Guy Grannemann or their heirs." We agree with respondents, that by the residuary clause a life estate was given to the testator's wife, but we do not agree with respondents' contention that the...