Harbison v. Swan
Supreme Court of Missouri
Error to Cape Girardeau, Circuit Court. , I. Under our statute of 1825, the remainder of Harriet’s fee tail estate can vest in no other person than one who by the course of the common law would be an heir to her estate tail, had the estate not been destroyed. In other words, the statute does not reach a case where the first grantee has no issue. The statute means that the heir of the first - taker shall have the absolute fee simple.
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Error to Cape Girardeau, Circuit Court. , I. Under our statute of 1825, the remainder of Harriet’s fee tail estate can vest in no other person than one who by the course of the common law would be an heir to her estate tail, had the estate not been destroyed. In other words, the statute does not reach a case where the first grantee has no issue. The statute means that the heir of the first - taker shall have the absolute fee simple. Now since Harriet hacjl no issue, and according to the course of the common law the estate devised to her would pass to her issue, and in default thereof to the…
1Opinion of the CourtNapton, Judge
The controversy in this case grew out of certain provisions in the will of Nathan YanHorn, the plaintiffs and defendant being his descendants, and both claiming under the same provisions. These provisions of the will and the facts agreed on, present the only question in the case.
The agreed facts are, that Nathan YanHorn made his will on April 13, 1846; that he died sometime in January, 1852; that his will was duly probated, etc. Juliet and Harriet Yan Horn, his daughters, (he had other daughters and sons) were, at the date of making the will, unmarried. Juliet was after-wards, and before the…
2Cases cited1 opinion
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
3Cited by13 opinions
- Gannon v. AlbrightSupreme Court of Missouri · 1904
- Charles v. PatchSupreme Court of Missouri · 1885
- Wead v. GraySupreme Court of Missouri · 1883
- McIntosh v. WigginsSupreme Court of Missouri · 1947
- Wood v. KiceSupreme Court of Missouri · 1890
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