Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1799 1814 Volu
Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1799 1814 Volu
Horace Binney
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Rep. 554, the devise was " to my daughter " and her heirs for ever, but in case my daughter should " happen to die before she comes to age, or have lawful heir " of her body begotten, then over. " The daughter attained the age of twenty-one and had issue; held by the Supreme Court of Massachusetts unanimously, that the daughter took an estate in fee simple, defeasible upon a contingency deter- VOL. V. 2 K 1812. HOLMES ~u. Lessee of HOLMES. 256 CASES IN THE SUPREME COURT 1812. HOLMES v. Lessee o...f HOLMES. minable in a reasonable time. The question in this case " was between the issue, and the alienee of the daughter. The issue claimed under the idea of their mother having taken an estate tail, and I mention the case, because in the argu- ment before us, it was also contended that the devisee took an estate tail. In Jackson v. Blansham^ A. D. 1810, in the Supreme Court of New Tork, 6 Johns. Rep. 54, A devised the residue of his estate " to his six children, and their " heirs, to be divided between them share and share alike;
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