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Full-Text Articles in Law
Can An Estate Tail Be Docked During Life Of First Taker?, Ben Ely Jr.
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
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
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.
Attempted Acceptance Of A Deceased Offeror's Offer, James L. Parks
Attempted Acceptance Of A Deceased Offeror's Offer, James L. Parks
University of Missouri Bulletin Law Series
Occasionally an offeree will attempt to accept an offer within its life as originally stated, but the act which he regards as an acceptance, and which usually would have been effective as such, is done after the death of his offeror. On this state of facts courts in the past have generally held that no contract could result from the offerce's efforts. The rule was to the effect that the offeror's death terminated his offer and his offeree's legal power to bind his estate to the bargain originally proffered. The reasons assigned to support this proposition are that every contract …
Operative Facts In Surrenders - Part 1, Merrill I. Schnebly
Operative Facts In Surrenders - Part 1, Merrill I. Schnebly
University of Missouri Bulletin Law Series
A discussion of surrenders is likely to begin with the oft repeated definition of Lord Coke:" 'SURRENDER' sursum redditio, properly is a yeelding up of an estate for life or yeares to him that hath an immediate estate in reversion or remainder, wherein the estate for life or yeares may drowne by mutuall agreement betweene them."' In the passages which follow Coke classifies surrenders in two different ways: first, into surrenders "in deed, or by express words", and surrenders "in law"; secondly, into surrenders "by deed" and surrenders "without deed". There is an obvious shift in the meaning of the …
Payment Of Debt To Foreign Representatives Or Heirs, Robert B. Fizzell
Payment Of Debt To Foreign Representatives Or Heirs, Robert B. Fizzell
University of Missouri Bulletin Law Series
At common law an executor or administrator has no authority to administer upon any property of the deceased the situs of which is without the state of his appointment. "Every grant of administration is strictly confined in its authority and operation to the limits of the territory of the government which grants it. and does not de jure extend to other countries." It is, therefore, uniformly held that the domiciliary representative cannot proceed to a foreign state and in his official capacity maintain an action to collect the assets of the deceased located there.
The Rule Against Perpetuities In Missouri, Manley O. Hudson
The Rule Against Perpetuities In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
It is the purpose of this study to determine the present position of the rule against perpetuities in Missouri law, and to anticipate some of the cases to which the bar may expect it to be applied.