Thompson v. Lyon
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas.' The case is stated in the opinion of the court. relied upon the following points : 1. An infant cannot execute a power coupled with an interest, though it is otherwise with a naked power.
Read the full summary
Appeal from, St. Louis Court of Common Pleas.' The case is stated in the opinion of the court. relied upon the following points : 1. An infant cannot execute a power coupled with an interest, though it is otherwise with a naked power. (4 Kent, 816, 824. 1 Sug. on Powers, 213, (13 Law Lib. 114, 116.) Macpherson on Infancy, 39 Law Lib. 302. 3 Atk. 710. 1 Chance on Powers, 222, §587.) 2, Nor is the disability o£ infancy dispensed with in the present case, by the words used in the instrument creating the power. The remarks 'of Chance, in his work on Powers (§583,) and of Preston, in his treatise…
1Opinion of the CourtScott, Judge
This was an action to set aside a deed, and to recover possession of two lots on Collins street, in the city of St. Louis, brought in May, 1851.' The respondents, who are the defendants, claim title to the premises in controversy, under a deed from Wm. P. Foster and his daughter, Virginia Wether ell, who afterwards intermarried with Wm. F. Thompson, one of the plaintiffs.
In July, 1829, Charles Collins and wife conveyed the premises in dispute to Wm. P. Foster, for the consideration of *159$700, in trust for bis daughter, Virginia Wetherell, who was then a minor, and to no other. This deed was…
2Cited by1 opinion
- Thompson v. LyonSupreme Court of Missouri · 1862