Eyerman v. Mercantile Trust Co.
Citation and Court
524 S.W.2d 210 (Mo. Ct. App. 1975), Missouri Court of Appeals
Facts
Louise Woodruff Johnston died and left a will directing that her home — a historically significant residence in the St. Louis Kingsbury Place neighborhood — be demolished and the proceeds distributed to her estate. Neighboring property owners brought suit to enjoin demolition, arguing that carrying out the testamentary direction to demolish the house would be contrary to public policy.
Issue
Whether a testamentary direction to demolish a private residence should be enforced when enforcement would harm neighbors and the community and serve no legitimate purpose of the testator.
Holding
The Missouri Court of Appeals affirmed the injunction against demolition, holding that the testamentary direction to raze the house was unenforceable as against public policy because it would constitute an act of pure waste serving no legitimate purpose.
Rule / Doctrine
Testamentary freedom is broad but not absolute; courts will refuse to enforce testamentary directions that are contrary to public policy. Where destruction of property serves no discernible legitimate interest of the testator and would impose substantial costs on neighbors and the community, equity will not lend its aid to enforce such a direction.
Significance
Eyerman v. Mercantile Trust is the leading case on public policy limits on the right to destroy property. It raises fundamental questions about the extent of property rights — whether a property owner has an absolute right to destroy their property — and the tension between testamentary freedom and community interests in preservation.