Kean's Lessee v. Roe
Supreme Court of Delaware
Ejectment. Statement of facts agreed on filed, and on the application of counsel on both sides, ordered that the questions of law arising on the case stated be reserved, and that the same be heard in the Court of Errors and Appeals; the judgment of the Superior Court to await the decision of the said Court of Errors and Appeals on the said questions of law.
Read the full summary
Ejectment. Statement of facts agreed on filed, and on the application of counsel on both sides, ordered that the questions of law arising on the case stated be reserved, and that the same be heard in the Court of Errors and Appeals; the judgment of the Superior Court to await the decision of the said Court of Errors and Appeals on the said questions of law. The case stated presented the following facts: It is agreed by the parties to this cause, on both sides, to wit: the plaintiff in his proper person, and the defendant, by Robert Frame, Esq., his attorney, to submit the same to the decision…
1Opinion of the Court
The opinion of the court was delivered by Mr. Justice Black.
Black, Justice:
Upon the facts set forth in the case stated, two questions are presented for decision. The first is — How in this state do executory devises pass when the devisee over dies intestate, before the contingency happens, on which the devise over is to vest or be enjoyed! Is the inheritance transmitted according to the rules of the common law, or does it pass according to the course prescribed by the act of assembly of this state regulating the descent of the real estates of intestates. If the. former be the rule by which we…
2Cases cited3 opinions
- Torbert v. TwiningSupreme Court of Pennsylvania · 1795
- Durham v. FlannaganCourt of Appeals of Texas · 1883
- Roe v. DavisSupreme Court of Pennsylvania · 1794
3Cited by1 opinion
- McMullen v. BlockCourt of Appeals of Texas · 1943