Hayden's Adm'r v. Stinson

• Decision Date: 31 January 1857
• Citation: 24 Mo. 182
• Parties: HAYDEN'S ADMINISTRATOR, Appellant, v. STINSON, Respondent.
• Court: Missouri Supreme Court

24 Mo. 182

HAYDEN'S ADMINISTRATOR, Appellant,

v.STINSON, Respondent.

Supreme Court of Missouri.

January Term, 1857.

1. By a deed of gift certain slaves were conveyed to M. W., a daughter of the grantor, “to the said M. W., and to her bodily issue, and no way else, etc., to have and to hold unto the said M. W. and her bodily issue forever, etc., though with this condition, and such is the express meaning and intent of this instrument, that the above named negro slaves are to remain with and be kept in the possession of the said Mary White for and during her natural life; and after her death, the said negro slaves, with their increase, to be equally divided between the heirs and issue of the body of the said M. W., anything to the contrary herein contained notwithstanding.” Held, that this deed created a life interest only in M. W., the daughter of the grantor, with a remainder to her children.

Appeal from Cooper Court of Common Pleas.

James Stinson executed the following deed of gift to his daughter, Mary White: “Know all men by these presents that I, James Stinson, of Cooper County and State of Missouri, for and in consideration of the natural love and affection which I have and bear to my beloved daughter, Mary White, of Benton county and state aforesaid, and for and towards the better support of her, the said Mary and her heirs, and for divers other good causes and valuable considerations thereunto specially moving, have given, granted and sold, and by these presents do give, grant and sell, unto the said Mary White and to her bodily issue, and no way else, two certain negro slaves, called by the names and known as follows, to-wit: Green, a boy aged about two years old, and Jane, a girl aged about thirteen years old, with her future increase for life; to have and to hold the described and named slaves unto the said Mary White and her bodily issue forever from the claim of myself, my heirs, etc., and from the claim of all and every person or persons whatever; though with this condition, and such is the express meaning and intent of this instrument, that the above named negro slaves are to remain with and be kept in the possession of the said Mary White for and during her natural life; and after her death, the said negro slaves, with their increase, to be equally divided between the heirs and issue of the body of the said Mary White, any thing to the contrary therein contained notwithstanding. In testimony whereof, the said James Stinson hath hereunto set...