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Property Law Keyed to Dukeminier
Eyerman v. Mercantile Trust Co.
Citation:
524 S.W.2d 210
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Louise Woodruff Johnson owned #4 Kingsburg Place in St. Louis, Missouri until her death. In her will, Johnson ordered the executor of her estate (defendant) to destroy the home and transfer the proceeds of the sale to her estate. Kingsbury Place was considered an area of architectural significance in St. Louis, and #4 Kingsbury Place had also been designated as a landmark by the city. The house was valued at $40,000 and if the home was destroyed, only a $650 profit would remain with a resulting monetary loss of $39,000 for the estate. Destroying the home would also depreciate the values of the adjoining properties by an estimated $10,000. Johnson’s former neighboring property owners (plaintiffs) brought suit, arguing that the destruction of the home would adversely affect their property rights.
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