McTigue v. McTigue

• Decision Date: 22 May 1893
• Citation: 116 Mo. 138,22 S.W. 501
• Parties: McTIGUE v. McTIGUE.
• Court: Missouri Supreme Court

22 S.W. 501

116 Mo. 138

McTIGUE v. McTIGUE.

Supreme Court of Missouri, Division No. 1.

May 22, 1893.

MARRIED WOMEN — SEPARATE EQUITABLE ESTATE OF INHERITANCE — CURTESY.

A conveyance in trust for the sole and separate use of a married woman, with covenants that the trustee will permit her to enjoy the premises, rents, and profits, free from her husband's control, debts, curtesy, and all other interests, and that at her death he will dispose of the property as she shall direct, vests in her an equitable estate of inheritance, which, on her death intestate, descends to her heir free from the curtesy of the husband.

Appeal from St. Louis circuit court; D. D. Fisher, Judge.

Ejectment by Mamie McTigue, by her next friend, James Halloran, against John McTigue. Judgment for plaintiff. Defendant appeals. Affirmed.

John J. O'Connor, for appellant. Dodge & Mulvihill, for respondent.

BRACE, J.

This is an action in ejectment to recover possession of a lot in the city of St. Louis, in which the plaintiff had judgment, and the defendant appeals.

Both parties claim title under Hannah McTigue, deceased; the plaintiff being the only child and heir of the said Hannah, who died intestate; and the defendant the surviving husband of the said Hannah, and the father of the plaintiff. The title of the said Hannah was acquired by the following deed: "This deed, made and entered into this 12th day of January, 1876, by and between Adolphus Meier, (widower,) of the city of St. Louis, state of Missouri, party of the first part, and James Halloran, of the same place, party of the second part, and Hannah McTigue, wife of John McTigue, party of the third part, witnesseth: That the said party of the first part, in consideration of the sum of seven hundred dollars to him in hand paid by said party of the third part, the receipt of which is hereby acknowledged, and the further sum of one dollar to him paid by the said party of the second part, the receipt of which is hereby also acknowledged, do by these presents, grant, bargain, and sell unto the said party of the second part the following described lot or parcel of ground being and laying in the county of St. Louis, state of Missouri, to wit. Lot numbered fourteen, in block No. 7, Adolphus Meier's First addition to the city of St. Louis, a plat of which is on file in the office of the recorder of deeds for St. Louis county, said lot having a front on the south line of Cozens street of twenty-five feet, by a depth of one hundred and twenty-three feet, to an alley of fifteen feet wide; to have and to hold the same, with all the rights, privileges, and appurtenances thereto belonging or in any wise appertaining, unto him, the said party of the second part, his heirs and assigns forever; in trust, however, to and for the sole and separate use, benefit, and behoof of the said Hannah McTigue. And the said James Halloran, party of the second part, hereby covenants and agrees to and with the said Hannah McTigue that he will suffer and permit her, without let or molestation, to have, hold, use, occupy, and enjoy the aforesaid premises, with all the rents, issues, profits, and proceeds arising therefrom, whether from sale or lease, for her own sole use and benefit, separate and apart from her said husband, and wholly free from his control and interference, debts, and liabilities, curtesy, and all other interests...