Suydam v. Thayer

• Decision Date: 16 January 1888
• Citation: 6 S.W. 502,94 Mo. 49
• Parties: SUYDAM v. THAYER et al.
• Court: Missouri Supreme Court

6 S.W. 502

94 Mo. 49

SUYDAM v. THAYER et al.

Supreme Court of Missouri.

January 16, 1888.

WILLS — CONSTRUCTION — CONDITIONAL LIMITATION — DYING WITHOUT ISSUE BEFORE AGE.

Testator, by one clause of his will, devised land to his son, providing that, if the son should die without issue, it should go to testator's brother for life, and afterwards to a specified charitable use. By a later clause testator provided that if the brother should die before the son, then, in case of the son's death without issue before he was of age, the land should go to the charitable use, and that these "reversions" should depend on his son's death before having issue capable of inheriting. At testator's death the son was about nine years old. Held, that by the first clause testator intended that the devise to the son should be defeated only in case of the son's death before attaining full age, and without such issue.

Error to circuit court, Jackson county; J. H. SLOVER, Judge.

Action by Joseph A. Suydam against William B. Thayer, Charles G. Hopkins, E. M. Steiger, Blake L. Woodson, prosecuting attorney for Jackson county, Missouri, the city of Kansas, and Jackson county, for the partition of certain land, to part of which plaintiff claimed title under conveyances from Sands W. Hopkins as devisee of William A. Hopkins under the will set out in the opinion, the construction of which is thus involved. Plaintiff's title was sustained below, and a decree in his favor was entered. Jackson county and the city of Kansas claimed an interest under the will by virtue of the remainder over for charitable uses, and sued out a writ of error.

B. L. Woodson, Pros. Atty., for plaintiff in error. Dobson, Douglass & Trimble and James F. Mister, for defendant in error. James F. Mister, for Charles G. Hopkins.

NORTON, C. J.

William A. Hopkins died in Jackson county on the twenty-fifth of August, 1867, leaving the following will, which was duly admitted to probate:

"In the name of God, amen, I, William A. Hopkins, of the county of Jackson, in the state of Missouri, being of sound mind and disposing memory, do by these presents make, publish, and utter this, my last will and testament, to-wit: Item First. I hereby will and bequeath that after the payment of my debts all my property, real and personal, go and belong to my son. Sands W. Hopkins; and if Sands W. shall die without issue, that then the said property shall go and inure to my brother, Charles G. Hopkins, for his natural life, and afterwards to go towards the establishment of a school, according to the `Jeffersonian School' established by Thomas Jefferson in his will at Kansas City, Missouri. Item Second. I will that my wife, Eliza, shall have a full, decent support out of my estate against all other bequests, during her natural life, as long as she remains my widow, and no longer. Item Third. I appoint Charles G. Hopkins my executor, and if he should die before my son, Sands W., then in case my son, Sands W., should die without issue before he is of age, I will that my property shall go to establish the school aforesaid, at Kansas City, Missouri, and that the judge of the circuit court of Kansas City, of Jackson county, shall appoint a commissioner to see that this will be carried out, if the other contingencies shall occur; and in construing my own will, I declare that all these reversions must depend upon my son's death before he has issue to inherit his estate. Item...