¶1I concur in the result, but I am not satisfied with regard to some of the propositions maintained by Judge Bliss. In any view of the case, the plaintiffs cannot recover, as they have shown no title to the premises. Conceding that the limitation over could have been made, they cannot take, because the limitation was to the right heirs of their ancestor, who was alive at the time of the death of the grantor holding the particular estate. He could have no heirs until his death. " JYemo est haeres viven¿is.” It is unnecessary to decide whether the grantee took an absolute fee discharged of the limitation or not; or whether, this being a trust estate, a fee could be limited on a fee to take effect on the contingency referred to in the deed. And I therefore express no opinion on these questions.
50 Mo. 186
Green v. Sutton
Decided March 15, 1872
Supreme Court of Missouri · decided 1872-03-15
Louis Circuit Court. I. Nancy A. Green under this deed took a life estate only, with certain specified powers. («) The entire deed must be construed together, and effect given to every part of it if possible.
Good law ✅— No negative treatment on recordhow we know
Decided 1872-03-15
How this case has been cited
Cited by 30 later decisions — most recently February 1944 · most notably Grace v. Perry (1906), Reinders v. Koppelmann (1878)
1 federal appellate · 27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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