Vaughn v. Guy

• Decision Date: 31 January 1853
• Citation: 17 Mo. 429
• Parties: VAUGHN et al., Appellants, v. GUY, Respondent.
• Court: Missouri Supreme Court

17 Mo. 429

VAUGHN et al., Appellants,

v.GUY, Respondent.

Supreme Court of Missouri.

January Term, 1853.

1. V. by deed of gift, in 1837, conveyed a female slave to his grand-daughter “and her heirs forever.” A subsequent clause of the deed provided that if the donee should die leaving no lawful issue, the slave and her increase should be equally divided among the sons and daughters of V. Held, V.'s grand-daughter took an absolute estate, and the remainder was void.

Appeal from Randolph Circuit Court.

Clark, for appellant, urged the court to review the decision in the case of Wilson v. Cockrill, 8 Mo. Rep. 1.

Leonard, for respondent. 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 be 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 conveyance inter vivos. 8 Mo. Rep. 1. Bilby v. Moore, 1 Dana Rep.

SCOTT, Judge, delivered the opinion of the court.

This was a suit begun by the appellants, as the remaindermen under the deed set forth below, against the respondent, who was the father of Susan L. Guy, who intermarried 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 father 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 moving, and more especially, for the natural love and affection which I have and bear for my grand-daughter, Susan L. Guy, daughter of Ervin and Nancy L. Guy, do hereby give unto the said Susan L. Guy, a certain negro woman slave, by the name of Louisa, together with her future increase, to her, the said Susan L. Guy and her heirs forever. But in case my said grand-daughter, Susan L. Guy, should die, leaving no lawful issue, then the negro woman slave, Louisa, and her future increase, if any, shall be equally divided between my daughter, Mary M. Fortune, and my sons, Peter T. Vaughn, Thomas R. Vaughn, William L. Vaughn, and my daughter, Harriet Daugherty. Witness, my hand and seal, this 7th day of November, one thousand eight hundred and...