Logourl black
From our private database of 14,200+ case briefs...

Underwood v. Gillespie

Missouri Court of Appeals, Southern District, Division Three
594 S.W.2d 372 (Mo. App. 1980)


Facts

In 1966, Zella Bacon drafted a deed for 100 acres of land she owned (1966 deed). The deed provided a life estate to her brother, Gus Gillespie (Gus), with the remainder to Gillespie’s sons (defendants). Upon receiving the deed, Gus stated that he did not appreciate Bacon giving something to his sons, but not his daughter. Gus then tore up the deed. Upon Gus’s death in 1968, half of the deed that he tore up was found among his personal documents. However, after Gus died, the property in question remained in Bacon’s name and she continued to collect rent and pay taxes on the property. Bacon died in 1974. Underwood (plaintiff), Gus’s daughter, brought suit for partition, seeking to have Bacon’s property divided equally between her and her brothers as residuary devisees under Bacon’s will. The defendants argued that Underwood had no interest in the property on account of the 1966 deed, even though it was torn up. The trial court ruled in favor of Underwood, finding the 1966 deed invalid and granting her an undivided third of the property. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Prewitt, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 241,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.