Emison v. Whittlesey
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. I. To constitute a vested remainder, the person who takes must be in esse and ascertained by tbe instrument creating the same. This deed from Wm. J. Stone to Wyatt H. Stone as trustee, does not name or ascertain the children or grandchildren who are to take the remainder in said estate. The remainder created by said deed, could not vest till tbe death of MaryY. Stone, and was therefore contingent till tbattime. (2 Waslib.
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Appeal from Lafayette Circuit Court. I. To constitute a vested remainder, the person who takes must be in esse and ascertained by tbe instrument creating the same. This deed from Wm. J. Stone to Wyatt H. Stone as trustee, does not name or ascertain the children or grandchildren who are to take the remainder in said estate. The remainder created by said deed, could not vest till tbe death of MaryY. Stone, and was therefore contingent till tbattime. (2 Waslib. Real Prop. [3rd Ed.], 502, §89, 507, §10, 509, §§18, 20, 22; 4 Kent’s Com., 206, 207, 208 ; Blackst. Com., Book II., 169 ; Brown vs.…
1Opinion of the CourtNapton, Judge
This is an action of ejectment. The plaintiffs are the representatives of Mary Y. Stone. In 1856,W. J. Stone executed a deed to Wyatt H. Stone for the land in controversy, “in trust for the sole and separate use of Mary V. Stone (mother of the plaintiff), wife of Oliver H. P. Stone, Sr., to hold for and during her natural life, so that neither the same nor the rents and profits thereof should in any way be controlled by or become subject to any debts of his contracting, and upon the death of the said Mary Y., the remainder in fee simple absolute in said lands to vest in the children of the…
2Cases cited1 opinion
- In re RyderNew York Court of Chancery · 1844
3Cited by29 opinions
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- DeLassus v. GatewoodSupreme Court of Missouri · 1880
- Rodney v. LandauSupreme Court of Missouri · 1891
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