Powell v. Powell

• Decision Date: 01 October 1915
• Citation: Powell v. Powell, 188 S.W. 795 (Mo. 1915)
• Parties: POWELL v. POWELL.
• Court: Missouri Supreme Court

188 S.W. 795

POWELL v. POWELL.

Supreme Court of Missouri.

October Term, 1915.

GRAVES, P. J.

When this case was first written we adopted the statement of facts made by counsel for appellant, and in directing a decree we overlooked this statement of fact:

"That Nancy E. Powell died September 1, 1888; that she left surviving, her husband, the defendant, and two children, the plaintiff and Ethel Powell, who died about a year afterward."

Considering this fact, when Nancy E. Powell died, the husband was possessed of a curtesy estate, and the fee passed to the two children. Upon the death of Ethel Powell her interest in the fee would pass to the brother and father in equal portions. We will therefore modify our original opinion so as to hold that the trial court should have found that the defendant had a curtesy...