Legal Opinion

Vaughn v. Guy

Supreme Court of Missouri

Decided January 15, 1853PublishedCited by 1 opinion

Appeal from Randolph Circuit Court. urged the court to review the decision in the case of Wilson v. Cockrill, 8 Mo. Rep. 1. 1. The limitation to the plaintiff, on the death of the first taker, is too remote and therefore void.

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Appeal from Randolph Circuit Court. urged the court to review the decision in the case of Wilson v. Cockrill, 8 Mo. Rep. 1. 1. The limitation to the plaintiff, on the death of the first taker, is too remote and therefore void. Fearne on Remainders, 445. 2. If this be otherwise, and the present limitation over would he valid as an executory bequest, or as a conditional limitation operating under the statute of uses, yet it is the settled law of this state that such limitation cannot be created by a direct conves vivos. 8 Mo. Rep. 1. Bilby v. Moore, 1 Jjj&n^

1Opinion of the CourtScott, Judge

This was a suit begun by the appellants, as'|th%v^^^ men under the deed set forth below, against fh^res.pondj who was the father of Susan L. Guy, who intermaoirie^with Davis, and afterwards died in 1851, without issue. The suit was for the negro woman Louisa, named below, and her increase, which were claimed by the respondent. Ervin Guy was the *430father and heir of Susan L. Guy, who died without issue. The deed of gift is as follows :

“Be it known to all whom it may concern, that I, George Vaughn, of the county of Pike and state of Missouri, for divers good causes and considerations unto me…

2Cases cited1 opinion

  1. Wilson v. CockrillSupreme Court of Missouri · 1843

3Cited by1 opinion

  1. Halbert v. HalbertSupreme Court of Missouri · 1855

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