Morris v. Ulbright

558 S.W.2d 660 (1977)

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Nature of the Case

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Facts

On March 8, 1947, Lina and Frank executed a deed that conveyed the property in question to Logan Mitchell Ulbright 'and his bodily heirs.' The natural son, and only child, of Logan Mitchell Ulbright was Logan M. Ulbright, Jr. On October 4, 1950, Marion V. Morris and Ruby N. Morris adopted Logan M. Ulbright, Jr. and his name was changed to Logan Marion Morris (P). Lina and Frank are deceased. On February 9, 1964, the heirs of Lina conveyed to T. B. Alspaugh and Sara Jane Alspaugh. On February 12, 1972, Logan Mitchell Ulbright died. On January 24, 1973, the Alspaughs conveyed to Dorothy A. Ulbright and Ralph C. Ulbright. P claims title under the deed executed March 8, 1947. Dorothy A. Ulbright and Ralph C. Ulbright (Ds) claim title under the deed executed January 24, 1973. The trial court entered summary judgment in favor of Ds. P appealed and the trial court was reversed. This appeal resulted. The parties agree that the deed of March 8, 1947, created an estate tail; that under the deed and Section 442.470, RSMo 1969, the first taker (Logan Mitchell Ulbright) took a life estate; and that the heir of the body P took a contingent remainder in the fee. If P had not been adopted on October 4, 1950, he would have taken in fee simple absolute upon the death of Logan Mitchell Ulbright on February 12, 1972. Ds contend, however, that because of the provisions of Section 453.090, RSMo 1969, the adoption 'acted to remove P from the bloodstream of his natural father Logan Mitchell Ulbright and with no exception ceased and determined all rights and duties between Pand his natural father.'