Tallent v. Fitzpatrick
| Decision Date | 21 November 1910 |
| Citation | 132 S.W. 17 |
| Parties | TALLENT v. FITZPATRICK et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Buchanan County; C. A. Mosman, Judge.
Action by Theresa Tallent against Louisa Fitzpatrick and others. From a decree for plaintiff, defendants appeal. Transferred to the Supreme Court.
Brewster, Ferrell & Mayer, for appellants. John S. Boyer, for respondent.
This action represents a contest between the heirs of John Kaiser for title to real estate in the city of St. Joseph. It appears that he died leaving a widow, and plaintiff and defendant as his children, and that by his will he left his property to his wife, Margaret, for her natural life, but with an additional provision that she should have full power to sell and convey the lands at any time that she thought best and that would be for her best interest. After his death the widow deeded the real estate in controversy to defendants, and plaintiff, as one of John Kaiser's heirs, brought the present action to set aside and cancel those deeds, thus taking the title out of defendants. The decree of the trial court was for the plaintiff, canceling the deeds, and defendants appealed to this court.
The cause directly involves the title to real estate, and the appeal should have been taken to the Supreme Court. It will therefore be transferred to that court. All concur.
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Tallent v. Fitzpatrick
...by Theresa Tallent against Louisa Fitzpatrick and others. From a judgment in favor of plaintiff, defendants appeal. Affirmed. See, also, 132 S. W. 17. John Kaiser died on the 24th of June 1899, having first made and published the following "I, John Kaiser, of St. Joseph, Buchanan County, Mi......