Underwood v. Gillespie
Missouri Court of Appeals, Southern District, Division Three
594 S.W.2d 372 (Mo. App. 1980)
Relevant factsFree
Bacon's 1966 deed gave brother Gus a life estate with remainder to his sons (defendants), but Gus, upset the deed excluded his daughter Underwood (plaintiff), tore it up upon receipt; Bacon nonetheless continued holding the property in her own name, collecting rent, and paying taxes until her death in 1974, after which Underwood sued for partition as a residuary devisee under Bacon's will, and the trial court found the 1966 deed invalid, awarding Underwood a one-third interest.
IssueFree
Whether the refusal of the life tenant to accept a life estate defeats any remainder interest.