Hall v. Stephens
Supreme Court of Missouri
Error to Gass Circuit Court.—Hon. Foster P. Wright, Judge. ' • I. The devise to Hiram Stephens and hi's family, transmitted the legal title in the land to said Stephens. The attempted devise is void for uncertainty. Arthur v. Weston, 22 Mo. 378. Bequests to a “family” have often been held void. Harland v. Trigg, 1 Brown, Chanc.
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Error to Gass Circuit Court.—Hon. Foster P. Wright, Judge. ' • I. The devise to Hiram Stephens and hi's family, transmitted the legal title in the land to said Stephens. The attempted devise is void for uncertainty. Arthur v. Weston, 22 Mo. 378. Bequests to a “family” have often been held void. Harland v. Trigg, 1 Brown, Chanc. Cases, 142; Doe v. Joinville, 3. East 172. For stronger reasons a devise should be held void, if attended with the same degree of uncertainty. 2. If the devise to the “family” in this case is void for uncertainty, it follows that parol testimony showing who constituted…
1Opinion of the Court
Sherwood, C. J.—“
"I, Benjamin Stephens, of Boone county, Kentucky, having made a codicil to my former will, I now make this additional one:1 I give to Hiram Stephens and family, the tracts of land I have lately purchased of Coughenour & Finney; and further, it is my wish, and I appoint and constitute John Brady as my lawful agent over said lands, to be managed for their benefit; and I forbid the sale of said lands without orders from me or my agent;” are the words which gave origin to the pi’esent action of ejectment. Since the cause came here on error, the original defendant, Hiram Stephens,…
2Cases cited16 opinions
- Chandler v. CheneyIndiana Supreme Court · 1871
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Barber v. HarrisNew York Supreme Court · 1836
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
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3Cited by69 opinions
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- Frost v. FrostSupreme Court of Missouri · 1906
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