Halbert v. Halbert
Supreme Court of Missouri
Appeal from Crawford Circuit Court. This was an action brought by James Halbert, in 1852, to recover a slave claimed by the defendants as belonging to the estate of Nathan Halbert, their intestate. At the trial, it appeared in evidence that Nathan Halbert was a son of the plaintiff, and that the slave was given to him by his father, and remained in his possession up to the time of his death, some ten or fifteen years afterwards.
Read the full summary
Appeal from Crawford Circuit Court. This was an action brought by James Halbert, in 1852, to recover a slave claimed by the defendants as belonging to the estate of Nathan Halbert, their intestate. At the trial, it appeared in evidence that Nathan Halbert was a son of the plaintiff, and that the slave was given to him by his father, and remained in his possession up to the time of his death, some ten or fifteen years afterwards. There was no writing evidencing the terms of the gift; but William J. Allen, a witness for the plaintiff, testified that the plaintiff, upon the marriage of his…
1Opinion of the CourtLeonard, Judge
In Wilson v. Cockrill, (8 Mo. Rep. 1,) and again in Vaughn v. Guy, (17 Mo. Rep. 429,) this court decided that, after a grant of a personal chattel to one, a limitation over to another, upon the death of the first taker, was void, and that the absolute property was in the first grantee. There are two grounds upon which these decisions may be placed ; one, that the limitation over, being upon a dying without issue, which has been construed to mean an indefinite failure of issue — a want of descendants, at any time, sooner or later, whenever it should occur, and not a want of them at the death…
2Cases cited4 opinions
- Wilson v. CockrillSupreme Court of Missouri · 1843
- Betty v. MooreCourt of Appeals of Kentucky · 1833
- Dunham v. BaileyNew York Supreme Court · 1819
- Vaughn v. GuySupreme Court of Missouri · 1853
3Cited by9 opinions
- Edson v. CommissionerUnited States Board of Tax Appeals · 1928
- Jungeman v. Joseph Schnaider Brewing Co.Missouri Court of Appeals · 1889
- Norton v. HigbeeMissouri Court of Appeals · 1889
- Tebow v. DoughertySupreme Court of Missouri · 1907
- Chism's Administrator v. WilliamsSupreme Court of Missouri · 1860
4 more not listed; retrieve them via the Exa API.