Lockney v. Campbell

• Decision Date: 01 December 1916
• Docket Number: No. 17316.,17316.
• Parties: LOCKNEY et al. v. CAMPBELL.
• Court: Missouri Supreme Court

189 S.W. 1174

LOCKNEY et al. v. CAMPBELL.

No. 17316.

Supreme Court of Missouri, Division No. 1.

December 1, 1916.

Appeal from Circuit Court, Saline County; Samuel Davis, Judge.

Suit by John Lockney and another against Robert Campbell, to have title to land ascertained and declared. Judgment for defendant, and plaintiffs appeal. Affirmed.

T. H. Harvey and Wm. D. Bush, Jr., both of Marshall, for appellants. Robert M. Reynolds, and Albert R. James, both of Marshall, for respondent.

BLAIR, J.

This suit was commenced in the circuit court of Saline county for the purpose of having the title to 96 acres of land ascertained and declared under the statute. Section 2535, R. S. 1909. Appellants are the children of Samuel B. Lockney, and respondent has, by mesne conveyances, acquired whatever title Samuel B. Lockney took under the will of his father, Frederick Lockney, Jr. The correct construction of that will is the only question in the case. The pertinent parts of Frederick Lockney's will read as follows:

"I further give and bequeath to my son, Samuel B. Lockney, a minor, all my real estate subject to my wife's dower, consisting of the farm I now live on containing about one hundred and ten acres more or less and also the east half of the northeast quarter of section 28, and the N. W. quarter of the N. W. quarter of section 27, in township forty-nine, and range 21, containing one hundred and twenty acres more or less. I also give and bequeath to my daughter, Rachael J. Lockney, the sum of four hundred dollars to be paid to her by my son, Samuel B. Lockney, when he becomes of age or twenty-one years, as her share in the land.

"Further it is my will and desire that if the said Rachael J. Lockney should die and leave no children the said Samuel B. Lockney shall not pay the above said four hundred dollars to any person.

"It is further my will and desire that if the said Samuel B. Lockney shall die leaving no children that the said Rachael J. Lockney shall inherit all the land I have bequeathed to the said Samuel B. Lockney and do and act with the same as she may think proper."

Frederick Lockney died in 1860. Samuel B. Lockney is still living. Judgment went for defendant. The trial court held Samuel B. took an estate in fee, subject to being devested in case he died without leaving surviving children, when it would go to Rachael Lockney, and that, in case Samuel B. died leaving surviving children, respondent's title would become absolute under the conveyance to him.

Appellants contend Samuel B. Lockney took only a life estate under his father's will, with...