Lewis v. Searles - 452 S.W.2d 153 (Mo. 1970)

Rule:

In essence, Mo. Rev. Stat. § 474.480 says that all devisees are in fee simple, if (1) no intent is expressed to create a life estate only, and (2) no further devise is made to take effect after the death of the devisee.

Facts:

Plaintiff sought to have title to real estate quieted in her in fee and to have a will construed. The will contained a provision giving property to plaintiff if she remained unmarried, and if she was to marry, the property would be equally divided among plaintiff and two others. Plaintiff had never been married. The trial court found that it was the intention of the testatrix to give to plaintiff a life estate, and that upon the death of said plaintiff, the fee title to the said real estate vested in fee simple one-third to plaintiff, subject to her life estate. Plaintiff appealed, arguing that all provisions of the will concerning the marriage of plaintiff were void as against public policy and should be stricken; that in any event it was not testatrix’s intention to devise to a plaintiff a life estate with one-third remainder in fee, but to devise to her a determinable fee in the whole of the property, to be reduced only in the event of her marriage. 

Issue:

Under the terms of the will, did the testatrix intend to devise to plaintiff a life estate? 

Answer:

No.

Conclusion:

The court reversed the decision of the trial court, holding that the testatrix intended terms of fee interests and the devise was in fee because there was no intent expressed to create a life estate only. Moreover, no further devise was made to take effect after plaintiff's death. Thus, plaintiff received a determinable fee, subject to defeasance of two-thirds upon her marriage. The court further noted that the provisions of the will concerning the marriage of plaintiff were not against public policy because they were not punishing plaintiff for marrying.