Yore v. Yore

• Decision Date: 14 July 1894
• Citation: 63 F. 645
• Parties: YORE et al. v. YORE.
• Court: U.S. District Court — Eastern District of Missouri

63 F. 645

YORE et al. v. YORE.

United States Circuit Court, E.D. Missouri, Eastern Division.

July 14, 1894

William A. Yore, plaintiffs' father, was one of six children born of the marriage of Patrick Yore and Barbara Ann Yore. Barbara Ann Yore died intestate, April 21, 1876, leaving the property undisposed of. William A. Yore was born in 1847, and died November 9, 1886, so that, at the time of his mother's death, he was 29 years old. Patrick Yore died July 14, 1889 and by his will left nothing to the children of William A Yore. Patrick Yore married defendant, May 24, 1879. By marriage settlement dated May 22, 1879, he conveyed the premises in controversy to defendant for life. On the death of Barbara Ann Yore, Patrick Yore entered into the possession of the premises, claiming them as his own, and so continuously held possession to the time of his death. The property is on the southwest corner of Eighth and St. Charles streets in the city of St Louis, and has a front of 70 feet on the west line of Eighth street. Plaintiffs claimed title under two deeds: (1) Deed from Michael Kelly to John E. Yore, trustee of Barbara Ann Yore, dated January 12, 1857. This deed conveyed 37 feet to the trustee, beginning at the corner, to the use of Barbara Ann Yore, in trust-- First, to receive and pay the rents to Barbara Ann Yore, as her separate property; second, to sell and convey the property in fee simple in such manner as said Barbara Ann Yore might designate. Said deed provided that, if said Barbara Ann Yore should die without having disposed of the property by deed or last will, the property should revert absolutely to Patrick Yore, his heirs and assigns. As to this deed the plaintiffs contended that the absolute fee vested in Barbara Ann Yore, and that the remainder to Patrick Yore was of no force and effect, and relied principally on the case of Green v. Sutton, 50 Mo. 186. As to the remainder of the lot, plaintiffs relied upon a deed from Thomas O'Flaherty to James Meegan, trustee of Barbara Ann Yore, which conveyed the property in trust for the sole and separate use of Barbara Ann Yore during her life, and no longer, to receive the rents, with power to sell, mortgage, etc. In case of her death without having disposed of the property, then said property was to be held by the testator for the sole use and benefit of the children of Patrick and Barbara Ann Yore.

Upon the proposition that the construction of deeds must be upon the entire instrument, with a view to give effect to the whole instrument, and that, by the first deed above referred to, an equitable fee-simple title vested in Patrick Yore on the death of Barbara Ann Yore, counsel cited Long v. Timms, 107 Mo. 519, 17 S.W. 898; Bean v. Kenmuir, 86 Mo. 666; Pollard v. Bank, 4 Mo.App. 408; Carr v. Dings, 58 Mo. 400; Harbison v. James, 90 Mo. 411, 2 S.W. 292; Munro v. Collins, 95 Mo. 33, 7 S.W. 461; Straat v. Uhrig, 56 Mo. 482; Jecko v. Taussig, 45 Mo. 167; Smith v. Bell, 6 Pet. 68; Greffet v. Willman, 114 Mo. 107, 21 S.W. 459; Lewis v. Pitman, 101 Mo. 281, 14 S.W. 52; Gaven v. Allen, 100 Mo. 293, 13 S.W. 501; Wood v. Kice, 103 Mo. 329, 15 S.W. 623; Bassett v. Budlong (Mich.) 43 N.W. 984; Prior v. Quackenbush, 20 Ind. 475; Baxter v. Bowyer, 19 Ohio St. 490; Chew v. Keller, 100 Mo. 368, 13 S.W. 395; and other cases; and upon the proposition that, by the statute of uses, a fee may be mounted upon a fee, counsel cited Bean v. Kenmuir, 86 Mo. 666; Straat v. Uhrig, 56 Mo. 482; Wood v. Kice, 103 Mo. 329, 15 S.W. 623; Chew v. Keller, 100 Mo. 368, 13 S.W. 395; 2 Washb.Real Prop. (2d Ed.) *252; Dunwoodie v. Reed, 3 Serg. & R. 452; Saund. Uses & Trusts, *149, *150; Carver v. Jackson, 4 Pet. 1. As to the second deed, upon the proposition that Barbara Ann Yore took a life estate, and that upon her death the trustee held the property in trust for the children of Barbara Ann and Patrick Yore, counsel cited Rubey v. Barnett, 12 Mo. 3; Reinders v. Kopplemann, 68 Mo. 482. That the statute of uses did not execute the use in Barbara Ann, see Pugh v. Hayes, 113 Mo. 432, 21 S.W. 23. That Patrick Yore had no right to the possession as tenant by the curtesy, see Spencer v. O'Neill, 100 Mo. 49, 12 S.W. 1054. That the adverse possession of Patrick Yore barred the right of entry of the children as remainder men, see Jackson v. Harsen, 7 Cow. 323; Jones v. Johnson, 81 Ga. 293, 6 S.E. 181; King v. Rhew, 108 N.C. 696, 13 S.E. 174; Pattison v. Dryer (Mich.) 57 N.W. 814; Busw. Lim. par. 401; Probst v. Trustees, 129 U.S. 182, 9 Sup.Ct. 263; Houx v. Batteen, 68 Mo. 84; Bank v. Evans, 51 Mo. 335; Farris v. Coleman, 103 Mo. 353, 15 S.W. 767; Ewing v. Shannahan, 113 Mo. 188, 20 S.W. 1065.

C. P. Johnson, J. D. Johnson, D. P. Dyer, and M. F. Hunley, for plaintiffs.

H. D. Wood and A. J. P. Gareshee, for defendant.

THAYER District Judge.

It will be sufficient, to advise counsel of the grounds on which the decision in this case rests, to say that the court holds First. That it is a well-settled doctrine in Missouri that a deed should receive such construction as to give effect to the obvious intentions of the parties thereto. Technical rules of construction will be ignored, especially in deeds designed as family settlements, when they do violence to the evident intent of the grantor. Bean v. Kenmuir, 86 Mo. 666, 671; Cook v. Couch, 100 Mo. 29-34, 13 S.W. 80; Lewis v. Pitman, ...