Terrill v. Boulware
Supreme Court of Missouri
Appeal from Randolph Circuit Court. Francis Conner, in the year 1784, died intestate in the state of Yirginia, possessed of the family of slaves in cóntroversy in this suit. He left bins, surviving his widow, Sarah, and two children, Paul Conner and Lucy Conner, the mother of the plaintiff's in this suit. Lucy Conner afterwards married Flem-ming Terrill, under whom the defendants in the present action claim title.
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Appeal from Randolph Circuit Court. Francis Conner, in the year 1784, died intestate in the state of Yirginia, possessed of the family of slaves in cóntroversy in this suit. He left bins, surviving his widow, Sarah, and two children, Paul Conner and Lucy Conner, the mother of the plaintiff's in this suit. Lucy Conner afterwards married Flem-ming Terrill, under whom the defendants in the present action claim title. Said Lucy died in the year 1812, leaving her surviving her husband Flemming Terrill, and several children, a poriion of whom are plaintiffs in the present action. The slaves in…
1Opinion of the CourtScott, Judge
By the act of 1792 all negro and mulatto slaves in all courts of judicature within the commonwealth of Yirginia were held, taken and adjudged to be personal estate. Slaves being personal estate, a gift of them might be made by parol. But no question was raised in the court below whether the admissions of the testator, Terrill, were not evidence of a gift of the slaves to his children.
One point relied on was that Terrill, by acting, as guardian ad litem for his children in the suit for partition of the slaves, in which suit the slaves in controversy were allotted to his children, is now…
2Cases cited2 opinions
- Moore v. PerrottWashington Supreme Court · 1891
- Van Houten v. RoutheWashington Supreme Court · 1890
3Cited by5 opinions
- Rossi v. DavisSupreme Court of Missouri · 1939
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Garesche v. Levering Investment Co.Supreme Court of Missouri · 1898
- Kirk v. Metropolitan Life InsuranceMissouri Court of Appeals · 1931
- Hull v. CavanaughMissouri Court of Appeals · 1878