Green v. Green
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia. The case was thus: Thomas Green, by deed dated January 15th, 1867, conveyed certain d estate in Georgetown, D. C., to James Green, in fee in trust.
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Appeal from the Supreme Court of the District of Columbia. The case was thus: Thomas Green, by deed dated January 15th, 1867, conveyed certain d estate in Georgetown, D. C., to James Green, in fee in trust. The trust was in 'these words : “ For the sole and separate use Of Catharine Green (wife of the said Thomas) and for the children of said Thomas Green and Catharine Green, during her life, in absolute right and property, as if she was a feme sole, and free and clear of any right, title, and estate, whether as tenants by the curtesy or otherwise, of her present or any future husband, and…
1Opinion of the CourtJustice Hunt
In Shelley’s case, * †the rule is thus laid down : “ that when the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, the heirs are words of limitation of the estate and not words of purchase.”
Mr. Preston uses the following language, which is approved by Chaucellor Kent: † “ When a person takes au estate of freehold legally or equitably under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or…
2Cases cited1 opinion
- Ware v. RichardsonCourt of Appeals of Maryland · 1853
3Cited by15 opinions
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Vogt v. GraffSupreme Court of the United States · 1912
- Highland Park Mfg. Co. v. SteeleCourt of Appeals for the Fourth Circuit · 1916
- Greenwood v. PageCourt of Appeals for the D.C. Circuit · 1943
- Dufour v. LangCourt of Appeals for the Fifth Circuit · 1892
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