Eyerman v. Mercantile Trust Co.
Missouri Court of Appeals
524 S.W.2d 210 (Mo. App. 1975)
Louise Woodruff Johnston’s will directed the executor to raze Johnston’s house and sell the land it was on with the proceeds going to her beneficiaries. The house was part of the Kingsbury Place subdivision in St. Louis, which is a city landmark due to its architectural significance. Neighboring property owners and trustees of the subdivision where Johnston’s house was located (plaintiffs) filed for an injunction to stop the destruction of the house, claiming among other things that it would diminish their property values and would be against public policy. At trial it was learned that destroying the house—worth $40,000 as it stood—would provide a net of only $650 to Johnston’s beneficiaries. Nevertheless, the trial court denied the plaintiffs’ petition for injunction. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Rendlen, J.)
Dissent (Clemens, J.)
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