Brightman v. Brightman

The clause in Israel Brightman’s will devising certain real estate “ to Daniel and John Brightman and to their heirs and assigns,” taken by itself, gave them an estate in fee simple. The subsequent clause providing that “ if the said Daniel or John shall decease, leaving no issue of his body lawfully begotten, then what I have devised to such one, I here devise to the survivor thereof and his heirs and assigns,” created an executory devise limited upon that fee simple. Richardson v. Noyes, 2 Mass. 56. But the contingency did not happen; for Daniel died first, and left issue; and when John…