Savings Trust Co. of St. Louis v. Beck

• Citation: 73 S.W.2d 282
• Decision Date: 29 June 1934
• Docket Number: No. 22831.,22831.
• Parties: SAVINGS TRUST CO. OF ST. LOUIS v. BECK et al.
• Court: Court of Appeal of Missouri (US)

73 S.W.2d 282

SAVINGS TRUST CO. OF ST. LOUIS v. BECK et al.

No. 22831.

St. Louis Court of Appeals. Missouri.

June 29, 1934.

As Modified on Denial of Rehearing July 10, 1934.

Appeal from St. Louis Circuit Court; Albert D. Nortoni, Judge.

"Not to be published in State Reports."

Action by the Savings Trust Company of St. Louis as executor of the will of La Rena A. Wilson, deceased, against Elise Beck and others for construction of the will. From an adverse judgment, named defendant appeals.

Affirmed.

Everett Paul Griffin and Nagel, Kirby, Orrick & Shepley, all of St. Louis, for appellant.

R. L. Ailworth, of St. Louis, for respondents Hannah and Mary Ruvoldt.

SUTTON, Commissioner.

This is an action brought by the Savings Trust Company of St. Louis, as executor of the will of La Rena A. Wilson, to construe said will. The will was executed on July 2, 1924, the testatrix died on June 28, 1931, and the will was admitted to probate on November 9, 1931.

The will, omitting formal parts and signatures, is as follows:

"(Page 1)

"Being at the present time of sound and disposing mind and memory, but mindful of the beautiful change to come ordinarily called death, I, LaRena Alethea Wilson, of the City of St. Louis in the State of Missouri, make, publish and declare the following to be my Last Will and Testament; hereby revoking any and all other wills by me at any time heretofore made:

"First: I direct my Executor, hereinafter nominated and appointed, to first pay out of

                     except the property at 5460 Delmar Blvd.*
                

my estate/all of my just debts, if I shall be indebted to any one at the time of my passing into the higher life, including as a part thereof, the expenses of my last illness and funeral, and the cremation of my body.

"Second: All the rest, residue and remainder of my property, of whatsoever kind and character, and wheresoever situated, I give, devise and bequeath to my beloved and only living sister Mabel Aureola Wilson, to be her absolute property.

"Third: In the event my said sister shall not survive me, or surviving shall not live long enough to take under this will, I hereby give, devise and bequeath to my friend Elise Beck, who is also my sister's dearest and most faithful friend, all the right title and interest which I shall have acquired from my said sister in the property on the south side of Delmar Boulevard, in the City of St. Louis, Missouri, known and designated as No. 5460 Delmar Boulevard, and being Lot Thirteen (13) of Bell Place, a subdivision in United States Survey number 378, having a front of 100 feet on the south line of Delmar Boulevard by a depth southwardly between parallel lines of 188 feet 11 inches, bounded on the north by said Delmar Boulevard, on the west by Lot Fourteen (14) of said Subdivision, on the south by Lot Thirty-four (34) and on the east by Lot Twelve (12), together with all the improvements erected thereon, thereto belonging or in any wise appertaining, and all school furniture, supplies and school property connected therewith, and the business known as Wilson Kindergarten-Primary Institute, or Wilson Kindergarten-Primary School, to use, maintain and enjoy the same, with the emoluments therefrom, and all its privileges and

^* Property at 5460 Delmar must not be depleted, but kept intact.

"(Page 2)

hereditaments, for the full term of her natural life, or as hereinafter provided. Upon the death of said Elise Beck, or if she shall not have survived me, then said real property hereinabove described, with the improvements thereon or thereunto appertaining, shall pass to and vest in Christ Church Cathedral, now located at Thirteenth and Locust Streets, in said City of St. Louis, to be perpetually used by said Christ Church Cathedral for religious or church purposes only. And if at any time said Elise Beck shall, after coming into possession of said property, wish to be relieved of it, she may transfer the same, with all its rights, obligations and privileges, to said Christ Church Cathedral, to be used and enjoyed by it as hereinabove provided. My sister Mabel, from whom I have acquired the above described property, desired, and I therefore provide, that our friend Elise Beck shall use, maintain and enjoy said property in any manner she may desire, except that she shall not at any time permit said property, or any part thereof, to be occupied or used by any school or educational business other than Wilson Kindergarten-Primary Institute; and such use by any other school or educational business, under any circumstances, of said property, or any part thereof, shall at once terminate her life tenancy therein, and the title to said property, and every part thereof, shall at once pass to and vest in said Christ Church Cathedral, with all its privileges and hereditaments, to be by it used for religious or church purposes only, as hereinabove provided.

"Fourth: In the event my said sister shall not survive me, or surviving shall not live long enough to take under this will, then I direct that the remainder of my property, after payment of debts as hereinabove provided, shall be distributed as follows: To Mrs. Elizabeth Browne, of 5588 Etzel Avenue, the four-leafed clover filagree pin I always wear, and the forget-me-not cup and saucer decorated by my sister Winnie; and to Katherine Browne, my heart-shaped silver pin-tray, and any other souvenir she may desire and agree upon with my residuary legatees. Also to each, any book or books they may desire and agree upon with Hannah and Mary.

"(Page 3)

"I will attach to this will a list of whatever other souvenirs I shall hereafter desire to leave to friends, I cannot now think of. To my friends Hannah and Mary Ruvoldt, now of 2531 Semple Avenue, St. Louis, Missouri, in equal parts, share and share alike, or to the survivor of them, if both shall not survive me, I give, devise and bequeath all the rest, residue and remainder of my property, of every kind and character, real, personal or mixed, and wheresoever situated, to be their absolute property, especially including my home at 4719 Kensington Place (Lots 51 and 52 of Bell Place), St. Louis, Missouri, with all the improvements thereon or appertaining thereto, and all its furnishings, for the reason all I have, especially the home, have been received by me from and consecrated to the service of my Lord and Savior Jesus, the Christ; and I know these dear women will find joy in using it all for the greater glory of the Lord, and the most blessing possible from so small a gift to `the least of those' who follow Him. And I desire they shall feel the utmost freedom in such use, either making it their own home from which shall radiate the blessedness of their lives, or in any way making it a center for Christian—truly Christian—service.

"Fourth: I hereby nominate and appoint the Savings Trust Company, of St. Louis, Missouri, to be the Executor of this my last Will and Testament."

On June 22, 1922, Mabel A. Wilson, sister of La Rena A. Wilson, conveyed to La Rena A. Wilson, by general warranty deed, for an expressed consideration of $100 and other good and valuable considerations, the property described in the deed as all of lot No. 13 of Bell place, a subdivision in United States survey No. 378, in the city of St. Louis, Mo., which is the same property known as 5460 Delmar boulevard, described in the third article of the will of La Rena A. Wilson.

Said deed provides that the party of the first part "will warrant and defend the title to said premises unto the party of the second part and to her heirs and assigns forever against the lawful claims and demands of all persons whomsoever, excepting taxes, both general and special, for the year 1922, and thereafter, and the lien of certain purchase money notes which said party of the second part hereby assumes and agrees to pay."

Said deed was filed for record in the office of the recorder of deeds of the city of St. Louis on July 18, 1924.

The purchase-money notes referred to in said warranty deed were secured by a deed of trust covering the property at 5460 Delmar boulevard. The deed of trust is dated July 12, 1917. There were thirty-two of these purchase-money notes, each for $500, bearing interest from date at the rate of 5 per cent. per annum, and from maturity at the rate of 8 per cent. One of the notes was payable on January 12, 1918. The others were payable serially at intervals of six months; the last being payable on July 12, 1933.

On May 28, 1924, Mabel A. Wilson made her will. By the second clause of her will she directed that her executor first pay out of her estate all of her just debts, including expenses of her last illness and funeral expenses. By the third clause she gave to La Rena A. Wilson, all her right, title, and interest in and to the property known as 5460 Delmar boulevard, together with all the improvements thereon and all school furniture, supplies and school property connected therewith, and the business known as Wilson Kindergarten-Primary Institute, or Wilson Kindergarten-Primary School, to use, maintain, and enjoy during her life, and upon her death to Elise Beck to use, maintain, and enjoy during her life, and upon the death of both La Rena A. Wilson and Elise Beck to Christ Church Cathedral to be perpetually used by said Christ Church Cathedral for religious or church purposes only. She gave the rest of her property to La Rena A. Wilson absolutely, if living at her death, otherwise to go to Elise Beck absolutely.

Mabel A. Wilson died August 28, 1924. Her will was never admitted to probate.

After the death of La Rena A. Wilson, the will of Mabel A. Wilson was found amongst the papers of La Rena A. Wilson inclosed in a folder upon which was indorsed in her handwriting the following: "This will has not been probated because all the property devised thereby became the property of LaRena A. Wilson by due process of law without need of court proceedings. All of its terms are contained in...