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Estates and Trusts

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University of Missouri School of Law

Journal

1931

Articles 1 - 3 of 3

Full-Text Articles in Law

Can An Estate Tail Be Docked During Life Of First Taker?, Ben Ely Jr. Sep 1931

Can An Estate Tail Be Docked During Life Of First Taker?, Ben Ely Jr.

University of Missouri Bulletin Law Series

It frequently happens that, where land has been granted to one and the heirs of his body, thus creating an estate tail which the Missouri statute turns into a life estate in the first taker with remainder to those persons who would next have taken the estate tail "according to the course of the common law", it is desired to convey the entire fee during the life of the first tenant. Thus where entailed lands are desired for the erection of some public work, or in the consummation of some other enterprise of general importance, it is necessary that the …


Some Problems Involved In Conditional Deliveries Of Deeds, Glenn A. Mccleary May 1931

Some Problems Involved In Conditional Deliveries Of Deeds, Glenn A. Mccleary

University of Missouri Bulletin Law Series

While early law drew the line of finality of the legal act for deeds at the stage known technically as "delivery", modern jurisprudence has progressed from such strict formalism to a "liberal and flexible practicality" in which internal standard compete with the external, and the subjective with the objective. Whether an instrument has been delivered is in modern law a question of intention. It is generally agreed today that delivery does not necessarily involve a manual transfer of the deed, provided the grantor indicates an intention otherwise that the deed shall take effect, though perhaps the manual act, or the …


Partition Where Life Estates And Remainders Are Involved, Earl F. Nelson Feb 1931

Partition Where Life Estates And Remainders Are Involved, Earl F. Nelson

University of Missouri Bulletin Law Series

In the University of Missouri Bulletin (Law Series No. 14) Professor Manly Hudson considered the decided cases and very clearly and concisely summarized the law as then declared by the Supreme Court. Professor Hudson expressly states that "the last word" has not been spoken concerning the partition of remainders and it is believed that subsequent decisions require some modifying and supplementing of the conclusions stated by Professor Hudson in his article, and it is now endeavored to group all the cases for citation and discussion under what are deemed the applicable propositions of law.