27 Mo. 424 | Mo. | 1858
delivered the opinion of the court.
On general principles a devise of land carries with it the crops growing upon it. If the devisee is entitled to the crop as against the heir, it is because it is considered as a part of the realty and goes along with it. In the case of McIlvaine v. Harris, 20 Mo. 457, it was held that a growing crop of wheat was an interest in land. . As between the executor and heir, growing crops may be personalty; but, as between heir or executor and devisee, they are deemed a part of the realty. It is clear, then, that by the devise the growing crop passed along with the land and must remain with it, unless the testator has otherwise directed, which it is admitted that it was competent to him to do. The clause in 'the will on which the defendant relies directs the executor “ to sell all the perishable part of the estate, such as horses, mules, cattle of every description, plantation tools, household and kitchen furniture, crops on hand, and all other personal' property not herein otherwise disposed of.” The tract of land devised to the plaintiffs was a considerable distance from the homestead of the testator, where he had a large estate. It is clear that all the words of the will may be satisfied without taking the crop growing on the land devised. There may at the same time belong to a person a crop on hand and a growing crop. The words “ other personal property” show what the testator had in his mind. By employing the tei’ms “ other personal property” he conveyed the idea that
the judgment will be reversed and the cause remanded.