Phillips v. Laforge

• Decision Date: 07 June 1886
• Parties: PHILLIPS and others v. LAFORGE.
• Court: Missouri Supreme Court

1 S.W. 220

89 Mo. 72

PHILLIPS and others v. LAFORGE.

Supreme Court of Missouri.

June 7, 1886.

ESTATES — LIFE ESTATE — ESTATES TAIL — HUSBAND AND WIFE.

Where a husband conveys his land to a trustee in trust for the benefit of the grantor's wife, and the heirs of her body by the grantor, the estate created is a common-law "fee-tail special;" but, such common-law estate being abolished by the laws of Missouri, (section 5, Revision 1855,) a life-estate only vests in the wife, remainder to her said heirs, who, upon her death, are entitled to actual immediate possession.

Appeal from New Madrid circuit court.

Ejectment, plaintiffs claiming under a trust deed executed by their father for their benefit, and defendant claiming under a decree of sequestration against the father. Judgment for plaintiffs, and appeal therefrom by defendant.

Marshall Arnold, for appellant, Alfred A. Laforge. B. Pike and Smith & Krauthoff, for respondents, Daisy Phillips and others.

BLACK, J.

This is an action of ejectment for 200 acres of land, instituted by the minor and adult heirs of Jennie Phillips, born of the marriage with De Witt C. Phillips. The plaintiffs read in evidence a deed from their father, De Witt C. Phillips, dated in 1863, whereby he conveyed the lands in question, and also other lands, to William D. Waldrup, in trust for the benefit of his wife, Jennie Phillips, and the heirs of her body, born in wedlock with said De Witt Phillips. The trustee died in 1863, and Jennie Phillips died in 1874. The defendant put in evidence a deed dated in 1871, whereby De Witt Phillips and his wife, Jennie, transferred and assigned to defendant the rents and profits arising and to arise from 200 acres of the land, to secure a certain judgment debt held by the defendant against De Witt C. Phillips; also a decree in a suit of this defendant against De Witt C. Phillips and others, whereby the 200 acres in question were set apart to the plaintiff in that suit, the defendant here, until the rents should pay the debt, taxes, costs, etc. The suit in which the decree was rendered was begun after the death of Mrs. Phillips, and the present plaintiffs were not made parties thereto.

There can be no doubt but the deed to the trustee created an estate in fee-tail special. 2 Bl. Comm. 114. The effect of section 5, p. 355, Rev. St. 1855, which abolished estates in fee-tail, was to create in Mrs. Phillips a life-estate only in the premises, remainder in fee to these plaintiffs. Upon the...