Lockridge v. Mace

• Decision Date: 14 March 1892
• Citation: 109 Mo. 162,18 S.W. 1145
• Parties: LOCKRIDGE v. MACE.
• Court: Missouri Supreme Court

18 S.W. 1145

109 Mo. 162

LOCKRIDGE v. MACE.

Supreme Court of Missouri, Division No. 1.

March 14, 1892.

DEVISES — PERPETUITIES.

A devise to testator's son, seven years old, for life, remainder to the son's children for life, remainder to the son's grandchildren in fee, is void, the gift to the son's grandchildren contravening the rule against perpetuities, and with it falling the other gifts.

Appeal from circuit court, Jackson county; JOHN W. HENRY, Judge.

Action by Charles R. Lockridge against William L. Mace to enforce a vendor's lien. Judgment for plaintiff, and defendant appeals. Affirmed.

Boggess & Moore, for appellant. Ess & Block, for respondent.

SHERWOOD, C. J.

This litigation, begun in June, 1889, grows out of a contract in writing entered into between the plaintiff and defendant, whereby the former agreed to convey to the latter a certain undivided one-half of real estate which he claimed under the third clause of the will of his father, Thomas J. Lockridge, who, as the owner of the land, executed the will in 1867, and died in 1868. Said clause is the following: "Third. I do hereby give and devise unto my children now born, and which may hereafter be born, and to the issue of their bodies, as a life-estate only, to said two generations, my home farm containing one hundred and twenty (120) acres, situated in Kaw township, Jackson county, state of Missouri, except the reservation of life-estate to my wife hereinafter mentioned, and upon the death of my grandchildren the title in fee-simple to said home place is to vest absolutely in my great-grandchildren, their heirs and assigns. It is, however, expressly provided herein that neither my children, grandchildren, nor any of them shall ever sell, transfer, or dispose of their estate, or any interest therein, in and to said farm, under any pretense or circumstances whatever; but that my children, and, after the death of my children, then my grandchildren, shall, during their natural lives, remain in the sole and actual and exclusive possession of said home farm, excepting my wife's possession; nor shall my great-grandchildren, nor either of them, make any sale, transfer, or disposition of their interests and estates in said home farm, previous to the death of my grandchildren, and the date at which my great-grandchildren may lawfully come into the full right and lawful enjoyment of the lawful possession of said home farm; and should any of my children, grandchildren, and great-grandchildren make any sale, transfer, or disposition of their interests, estate, and possession of, in, and to their respective shares or portions of my said home farm, in violation of the express provisions of this, my last will, then, and in that event, such sale, conveyance, transfer, and disposition of such interest, estate, and possession therein shall be invalid, null, and void, and such interest, estate, and possession, so attempted to be transferred or assigned, shall be forfeited, during the life-time of the descendant so attempting such transfer, to my other descendants equally, who have faithfully adhered to and performed the said provisions of this, my last will, and kept and remained in possession of said inheritance; but in no event shall such forfeitures affect the issue of my descendant who should violate the provisions of this will, but such issue shall inherit his rights and estate under this will in the same manner as though the ancestor had faithfully performed and conformed to the provisions of this will; and should all of my descendants hereinbefore mentioned, at any one time, violate the said express provisions of this will, then, during their life-time, they shall forfeit, from the time of such violation, all their interest, estate, and possession in said home farm to my collateral heirs, who may hold same until the death of my descendants who have so violated the express provisions of this will hereinbefore forbidden." The fifth cause in the will gave the wife a life-estate in the same land. Plaintiff tendered a deed for the land, but the defendant refused to accept the same, on the ground that plaintiff only had a life-estate in the land. The plaintiff sought by this proceeding to enforce his vendor's lien. The cause was heard and determined on the facts already stated, as well as on the following additional agreed facts. "Thomas J. Lockridge at the time of his death, left a widow, Mary E. Lockridge, and four children, viz., Charles R. Lockridge, plaintiff in this cause; and three daughters, Nannie J. Lockridge, Nellie McCoy Lockridge, and Mary Dudley Lockridge. Nannie J. Lockridge was married to Victor B. Bell on the 24th day of June, 1879, and is yet living. Mary E. Lockridge, widow of Thomas J. Lockridge, died a widow on the ____ day of ____, 1868. Nannie J. Lockridge was born in April, 1862; Charles R. Lockridge was born in June 8, 1860; Nellie McCoy Lockridge was born in January, 1859; Mary Dudley Lockridge was born in 1867. Thomas J. Lockridge was never married...