Eyerman v. Mercantile Trust Co

Citation. 524 S.W.2d 210

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Citation524 S.W.2d 210

Brief Fact Summary.

Plaintiffs Neighboring property owners and trustees of the subdivision where deceased house was located filed for an injunction to stop the destruction of the house,

Synopsis of Rule of Law.

A landowner’s attempt to compel his successor to do something against public policy, is deemed void.

Points of Law - Legal Principles in this Case for Law Students.

The law favors the free and untrammeled use of real property.

View Full Point of Law

Plaintiffs Neighboring property owners and trustees of the subdivision where the deceased house was located filed for an injunction to stop the destruction of the house, claiming public policy. The trial court denied the plaintiffs’ petition. Plaintiffs appealed.

Issue.

Whether a landowner’s attempt to compel his successor to do something against public policy, is deemed void.

Held.

Yes. The trial court is reversed.

Dissent.

The court does not justify its reasoning invalidating the will’s directive based on public policy grounds.

Discussion.

In this case, destroying a property for no reason other than it was in someone’s will is against public policy. It decreases the value to the beneficiaries and the property values.