Norcum v. D'Œnch
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. 1. Mrs. Mackay could not sell the land in controyersy at all, under the will of her husband. The words “ residue and remainder” in the 7th section do not include the reversionary interest in the mansion house and plantation. Those words are to be taken in their ordinary and not technical sense. 2. If the will gave her power to sell, she did not legally exercise that power. The consent of Soulard and Long was necessary.
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Error to St. Louis Court of Common Pleas. 1. Mrs. Mackay could not sell the land in controyersy at all, under the will of her husband. The words “ residue and remainder” in the 7th section do not include the reversionary interest in the mansion house and plantation. Those words are to be taken in their ordinary and not technical sense. 2. If the will gave her power to sell, she did not legally exercise that power. The consent of Soulard and Long was necessary. It was not a power coupled with an interest, but a mere naked power, which did not survive and could not be exercised without full…
1Opinion of the CourtScott, Judge
This was an action of ejectment, instituted in August, 1848,, by Norcum, the plaintiff, against the defendants, for a lot of ground on Park Avenue, in the city of St. Louis. Both parties to the suit derived title to the premises in controversy, through James Mackay, whose claim to them was not controverted. The title of the plaintiff rested on a quit claim deed, whose consideration was ten dollars, executed by Charles S. Rannells, on the 6th June, 1848, who purchased from the heirs of James Mackay ; and on a deed from Isabella Mackay, the widow of James Mackay, executed after the beginning of…
2Cases cited1 opinion
- Rubey v. BarnettSupreme Court of Missouri · 1848
3Cited by17 opinions
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- Norfleet v. RussellSupreme Court of Missouri · 1876
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