Mourning v. Missouri Coal Min. Co.
Decision Date | 21 December 1889 |
Citation | 99 Mo. 320,12 S.W. 884 |
Parties | MOURNING v. MISSOURI COAL MIN. CO. |
Court | Missouri Supreme Court |
The will of testator provided that all his property should go to his four daughters as long as they lived or remained unmarried, to be held jointly as an undivided estate. If any married, the remaining unmarried daughters might give them such portion of the estate as they saw fit, not exceeding one-seventh of the whole, which should be charged to their share in the final division, which should take place on the death or marriage of them all. Upon the death or marriage of them all, the estate should be divided among all of testator's children. Held that, as the surviving daughter took her share by inheritance, it was liable to sale at her death, for her debts.
Appeal from circuit court, Lincoln county; E. M. HUGHES, Judge.
Plaintiff brought ejectment for 80 acres of land in Lincoln county. After a general denial, the answer sets up, as an equitable defense, that the debts allowed against the estate of Elizabeth Mourning were an equitable charge against the land in litigation. The case was submitted to the court upon the following agreed statement of facts: ...
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