Kansas City, Springfield & Memphis R.R. Co. v. Weaver
| Decision Date | 31 October 1885 |
| Parties | THE KANSAS CITY, SPRINGFIELD & MEMPHIS RAILROAD COMPANY v. WEAVER et al., Appellants. |
| Court | Missouri Supreme Court |
Appeal from Greene Circuit Court.--HON. W. F. GEIGER, Judge.
AFFIRMED.
F. H. Sheppard for appellant.
(1) It was proper for the court below to determine the rights of the defendants among themselves. R. S., 1879, sec. 3673. (2) The deed to Mrs. Hooper in evidence creates a life estate in her, with a contingent remainder to those of her children surviving her. Johnson v. Waters, 17 Mo. 587; Emison v. Whittlesey, 55 Mo. 254. (3) The remainder in defendant, L. E. Hooper, is contingent on an event, to-wit, his mother's dying before him. The persons who are to take are in existence, and ready to take at any instant the estate becomes vacant. (4) A contingent remainder, depending on an event, and not on a person, is vendible on execution. Washburn on Real Prop. (4 Ed.) [[[[[*238] 562; R. S. Mo., 1879, secs. 668, 2354, 2356; 4 Kent's Com. (12 Ed.) [*261] foot [267]; Reinders v. Koppelman, 68 Mo. 482. (5) “The interest * * * whether it be regarded as a vested or contingent remainder, was liable to be subjected to the payment of his debts.” White v. McPheeters, 75 Mo. 286, and see, especially, foot of page 292. (6) It was proper to calculate the value of the life estate, and for the court to reserve the interest of the remainderman. Lewey v. Lewey, 34 Mo. 367; Graves v. Cochran, 68 Mo. 74.
Goode & Cravens for respondent.
The Kansas City, Springfield & Memphis railroad company commenced proceedings to condemn for a right of way a strip through a tract of land in Greene county, which had been conveyed to one Blakey in trust for the defendant, Harriet Hooper, to her sole and separate use for her life, with a provision in the deed that if she should die leaving a child or children of her body, in wedlock lawfully begotten, living, at her death, then the said trustee should convey the land to said child or children in fee-simple; but if she should die leaving no child, then he should convey the land to Spencer Hooper and his heirs. The condemnation proceedings resulted in a judgment establishing the right of way, and an award of two hundred and fifty dollars damages to the owners of the land, which was paid into court, and two hundred dollars of that amount have since been paid to Mrs. Hooper. Prior to the condemnation proceedings, Osburn & Company had obtained a judgment against the defendants, Spencer Hooper and his son, Ludolphus E. Hooper, and under an execution issued thereon had their interest in said land levied upon and sold, and purchased and received the sheriff's deed therefor, and in this condemnation proceeding Osburn & Company filed their petition, alleging the foregoing facts and asking that the present value of Mrs. Hooper's life...
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