Wright v. Pratt

• Decision Date: 31 October 1852
• Citation: 17 Mo. 43
• Parties: WRIGHT et al., Defendants in Error, v. PRATT et al., Plaintiffs in Error.
• Court: Missouri Supreme Court

17 Mo. 43

WRIGHT et al., Defendants in Error,

v.PRATT et al., Plaintiffs in Error.

Supreme Court of Missouri.

October Term, 1852.

By a marriage contract between husband and wife, the slaves of the wife were conveyed to a trustee for her sole use and benefit, with power to dispose of the same by will at her decease. Held,

1. This is a conveyance of an absolute fee simple estate to the wife's trustee, and not merely an estate during her life.

2. At her death, the beneficial interest in the slaves does not go to her husband, but to her next of kin, under the statute of descents and distributions.

3. Where a bill was filed by the heirs in time to save their rights from being barred by the statute of limitations, but a summons did not issue until afterwards owing to an understanding that the defendants would appear without a summons, the suit will be held not to be barred by the statute.

Error to Hannibal Court of Common Pleas.

The opinion of the court develops the facts sufficiently for an understanding of the points decided.

J. T. Redd, for plaintiffs in error. 1. The complainants, as next of kin, cannot maintain this suit, because the legal title is in the representative of the trustee, and the equitable title (if there was any, except the life estate) passed to her administrator, to be administered according to law. 2. Upon the death of the wife, the husband takes her personalty, as survivor, jure mariti. 1 P. Will. 380, Cart v. Rees. Humphrey v. Bullen, 1 Atk. 459. Watt v. Watt, 3 Ves. Jr. 245. 1 ib. 46 to 48. 3 Atk. 527, Elliot v. Collier. The deed to her trustee only conveyed a life estate. The remainder, or the right to the use after her death, remained in her as part of her original estate, and upon her marriage, passed to her husband. 3. This suit is barred by the statute of limitations. The mere filing of a bill, without ordering a writ or taking any step in the cause until after the lapse of two terms, will not take the case out of the statute. 4. There was no legal evidence of the execution of the marriage contract.

Glover & Campbell and Lipscomb, for defendants in error. 1. The execution of the marriage articles was not sufficiently denied in the answer of one of the defendants, and was fully admitted in that of the other. 1 Gallison, 635. 16 East. 339. 2. The marriage contract secured the beneficial title to the slaves to Mrs. Pratt, during her life, and entirely excluded the marital rights of her husband. On her death, they went to her next of kin and not to her husband. 5 Mo. Rep. 200. R. C. 1845, tit. Descents and Distributions. 3. The suit is in the name of the proper parties. 5 Mo. 200. 4 Mason, 29. 11 Pick. 173. 9 Mass. 338. 4. The suit is not barred by the statute of limitations, because, 1st, the bill was filed in time, and it was by agreement of attorneys that no writ issued; and, 2d, the property was trust property. 2 Merivale, 360. Kane v. Bloodgood, 7 J. C. R. 90.

RYLAND, Judge, delivered the opinion of the court.

This is a suit in chancery between the heirs of Martha Pratt, deceased, and Virgil Pratt and John Shackleford, for a number of slaves. Since the commencement of the suit, Shackleford has died, and it was revived in the name of A. W. Rush, the administrator of said Shackleford; and is now carried on against said administrator and Virgil Pratt. Previous to the marriage of Virgil Pratt and Martha Ford, a marriage contract was made between them as follows:

“This indenture, made this twenty-fifth day of August, 1835, between Martha Wood, of the first part, John C. Wright, of the second part, and Virgil Pratt, of the town of Palmyra, county of Marion, state of Missouri, witnesseth: That, whereas, a marriage is about to take place between Martha Wood and Virgil Pratt, and the said Virgil, for the purpose of securing to the said Martha her property, hereby agrees that she may have full power to convey the same to John C. Wright, in trust for her own use and benefit; and the said Martha hereby sells and conveys to the said John C. Wright her negroes, Thomas, Polly, Rachael, Jane, Mary and Harriet, for and in consideration of the sum of one dollar, in trust for the sole use and benefit of the said Martha, by her to be retained in possession for her own use and benefit, with full power to dispose of the same by will at her decease; and the said John C. Wright hereby agrees that he will faithfully discharge the duties of the trust aforesaid, and permit the said Martha to have the full use and enjoyment of the said slaves, and with the consent of the said Martha to sell the same; and it is hereby agreed between the parties aforesaid, that the said slaves are not to be subject to the control, or liable for the debts, of the said Virgil Pratt, which may accrue, or which may have accrued in any manner, directly or indirectly, but that they are to be held by the said trustee for the sole use and benefit of the said Martha. In testimony whereof,” &c.

The marriage took place shortly after the execution of this agreement. In February, 1837, Martha Pratt died, having made no disposition of...