Riggins v. McClellan
Supreme Court of Missouri
Error to Pettus Circuit Court. I. The will vested the title to the slave Hannah absolutely in Margaret Dean. The word “ heirs” in the fourth clause of the will is a word of limitation and not of purchase. That clause comes directly within the rule .in Shelly’s case.
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Error to Pettus Circuit Court. I. The will vested the title to the slave Hannah absolutely in Margaret Dean. The word “ heirs” in the fourth clause of the will is a word of limitation and not of purchase. That clause comes directly within the rule .in Shelly’s case. (2 ' Jarm. on Wills, 178 ; 4 Kent, 214; 4 Bibb, 890; 4 Monr. 199 ; 10 B. Monr. 60 ; 4 Har. & Jo. 481; Doe v. Colyer, 11 East, 548; Doe v. Jesson, 2 Bligb, 2 ; Doe v. Harvey, 4 Barn. & Cress. 610; Dott v. Cunnigton, 1 Bays, 458; Carr v. Porter, 1 McCord, 60 ; Polk v. Faris, 9 Yerger, 209 ; Ray v. Garnett, 2. Wash. 9; Lisle v.…
1Opinion of the CourtRichaRDSON, Judge
The controversy in this cause turns on the construction of the fourth clause of the will of Mrs. Elizabeth McCutchen, which is as follows: “ I give and bequeath to my daughter Margaret Dean, a negro girl named Hannah for to be at her disposal during her natural life, then to go to the benefit of her heirs.” The testatrix died in the state of Kentucky in 1842, where she had her domicil, and where her will was executed and duly probated.
The defendants insist that the word “ heirs” in the fourth clause of the will is a word of limitation and not a word of purchase, and that by the rule in…
2Cited by11 opinions
- Brock v. DormanSupreme Court of Missouri · 1936
- Emmerson v. HughesSupreme Court of Missouri · 1892
- Whitten v. WhittenSupreme Court of Oklahoma · 1950
- Turner v. TimberlakeSupreme Court of Missouri · 1873
- Tesson v. NewmanSupreme Court of Missouri · 1876
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