Pemberton v. Pemberton
Supreme Court of Missouri
JLppeal from Galloway Circuit Court. The case is stated in the opinion of the court. that a remainder in personal property could not be limited by parol; cited 1 Black. Comm., 398, and' note 11; 1 P. W’ms., 290; 2 Kent’s Comm., p. 852, and notes ; 18 Conn. Rep., 42; Cro. Jac., 459; 1 Bailey’s (S. C.) Rep., 100 ; 1 Dana, 237 ; 3 Dev. (N. C.) Rep., 263; 10 Johns.
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JLppeal from Galloway Circuit Court. The case is stated in the opinion of the court. that a remainder in personal property could not be limited by parol; cited 1 Black. Comm., 398, and' note 11; 1 P. W’ms., 290; 2 Kent’s Comm., p. 852, and notes ; 18 Conn. Rep., 42; Cro. Jac., 459; 1 Bailey’s (S. C.) Rep., 100 ; 1 Dana, 237 ; 3 Dev. (N. C.) Rep., 263; 10 Johns. Rep., 11; 11 Wend., 259 ; 4 Kent’s Comm., 264 ; Fearne on Remainders, 460, 461, 463, 464, and notes ; 2 Vesey, Sr., 171; Pollexfen, 29 ; 6 Yes., Jr., 440; 11 Yes., Jr., 257 ; 2 Ves. and Beames, 63 ; 19 Yes., Jr., 73 ; 1 Merivale, 20;…
1Opinion of the CourtRyland, Judge
Nehemiah Hundley gave to his daughter Susan Pemberton, then the wife of Edmund Pemberton, and the mother of the plaintiffs, in January, 1842, a certain negro woman named *339Abigail, and her increase. The words of the old gentleman, for it was a verbal gift, are, “ I then gave Susy Pemberton, my daughter, Abigail and her increase, for life, and at her death, for her and her increase to be equally divided among her children.” “I sent Abigail the next morning to Susy Pemberton.” Susan Pemberton, the mother of the plaintiffs, died in the year 1846, and her husband, Edmund, died in October, 1853.
Edmun…
2Cases cited2 opinions
- Halbert v. HalbertSupreme Court of Missouri · 1855
- Patrick v. WoodsCourt of Appeals of Kentucky · 1813
3Cited by2 opinions
- Smith v. GregorySupreme Court of Missouri · 1881
- Beale's Administrator v. DaleSupreme Court of Missouri · 1857