Home/Supreme Court of Missouri/Krechter v. Grofe

Krechter v. Grofe

66 S.W. 358, 166 Mo. 385, 1902 Mo. LEXIS 4
CourtSupreme Court of Missouri
DecidedJanuary 13, 1902
StatusPublished
Cited by3 cases

This text of 66 S.W. 358 (Krechter v. Grofe) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krechter v. Grofe, 66 S.W. 358, 166 Mo. 385, 1902 Mo. LEXIS 4 (Mo. 1902).

Opinion

BRACE, P. J.

This is an action in ejectment, tried before the court without a jury, in which at the close of plaintiff’s evidence, the court declared the law to be “that the facts proved by the evidence offered by the plaintiff are not sufficient to support the plaintiff’s contention.” Thereupon the plaintiff took a nonsuit with leave, and her motion to set the same aside having been overruled, she' appealed.

On May 5, 1896, Mrs. Theckla Krechter died seized and possessed of the real estate shown in colors on the plat on opposite page:

“Said tract containing a front 85 feet 4 inches on the north line of Magnolia avenue and extending northwardly to an alley on the south line of which it has a width of 78 feet 4 inches, [388]*388said tract being bounded east by California avenue and on the west by tbe lot conveyed by Pbil Krechter to Oath. Zelhender,” etc.

By her last will and testament duly admitted to probate, she devised this property as follows:

“Second. It is my will and I hereby direct that all the real estate owned by me in city block No. 2076 (alias Number 2067), of the city of St. Louis, Missouri, shall be disposed of in manner following, that is to say, I devise and give to my daughter, Mary Grofe, that certain brick building known as Number 2801, Magnolia avenue, in said city of St. Louis, Mo., together with the lot of land on which it stands, fronting 32 feet and 6 inches, more or less, on the north line of Magnolia avenue, by depth north Avar dly of 156 feet more or less, to an alley 15 feet wide, on which said lot has a front of 26 feet, more or less, to have and to hold the same unto her, her heirs, and assigns forever. The said lot is bounded as follows: On the east by California avenue, south by Magnolia avenue, and north by said alley. The foregoing devise is made, however, on the following condition: that she, the said Mary Grofe, shall pay, or cause to be paid, out of the land so devised the sum of thirty-five hundred dollars, whereof the sum of two thousand dollars shall be paid unto my said daughters, Helena Krechter, now Sister Thekla, and Katharine Krechter, noAV Sister Johanna, share and share alike, and the balance of fifteen hundred dollars thereof, shall be paid to my executor herein and shall be used for the payment of all my just debts, my funeral expenses and the three legacies hereinafter mentioned for $100 each, and the surplus, if any, shall be paid over to the residuary legatee named in this my will. I devise and give unto my daughter, Philomina Krechter, that certain brick building known as Number 2803, north side of Magnolia avenue in said city of St. Louis, Missouri, together Avith the lot of land thereto belonging, having a front of 27 feet and 9 inches, more, or less on the north side of Magnolia avenue [389]*389by a depth northwardly of 156 feet, more or less, to an alley 15 feet wide; and being bounded on the east by property hereinbefore devised to my said daughter, Mary Grofe, and on the south by Magnolia avenue, and north by said alley. Provided, however, that she, the said Philomina Kreehter, shall pay, or cause to be paid, unto iny said daughter, Emma Kesselheim, out of the realty so devised the sum of two thousand dollars. I do further direct that the several amounts charged against my said daughters, Mary Grofe, and Philomina Krechter, respectively, as specified herein, shall be paid by each of them within twelve months from the probate of this my will, and without interest. I devise and give unto my daughter, Emma Kesselhein, a certain lot of ground situated in city block No. 2076, of the city of St. Louis, Mo., fronting 25 feet, more or less, on the north side of Magnolia avenue by a depth northwardly of 156 feet,more or less, to an alley 15 feet wide; and being bounded south by Magnolia avenue, north by said alley, east by property herein last above devised to Philomina Kreehter, and west by property now or formerly belonging to Catherine Zellahaber; to have and hold the same unto her, her heirs and assigns forever.”

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Bluebook (online)
66 S.W. 358, 166 Mo. 385, 1902 Mo. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krechter-v-grofe-mo-1902.