Williams v. Hichborn
Massachusetts Supreme Judicial Court
This was a writ of formedon in remainder, pending in the county of Norfolk, in which the demandants count upon the seisin in fee of Mary Williams, and a devise by her of the demanded * premises to her grandson George Baker, when he [* 190 ] should arrive .at the age of twenty-one years, and to the heirs of his body lawfully begotten ; and in case he should die after his arriving at the age of twenty-one years, and leave the devised premises, but leave no heirs of his body…
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This was a writ of formedon in remainder, pending in the county of Norfolk, in which the demandants count upon the seisin in fee of Mary Williams, and a devise by her of the demanded * premises to her grandson George Baker, when he [* 190 ] should arrive .at the age of twenty-one years, and to the heirs of his body lawfully begotten ; and in case he should die after his arriving at the age of twenty-one years, and leave the devised premises, but leave no heirs of his body lawfully begotten, than a devise over to Zebediah Williams in fee. The demandants then aver that George Baker, the…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
This is a formedon in remainder, on the gift of Mary Williams to George Baker in fee tail, remainder to Zebediah Williams, the ancestor of the demandants, in fee, after the death of George Baker without issue.. ,
The parties have submitted the cause to the Court upon a case agreed, on which two questions arise.
The first is, whether the gift to George Baker was in tail, or an executory devise in fee. The gift is a devise by Mary Williams, in hei last will. An estate tail is so clearly created by express words, that there is no…
2Cited by3 opinions
- Doe v. RoeSupreme Court of Delaware · 1916
- Holland v. CruftMassachusetts Supreme Judicial Court · 1855
- Holland v. AdamsMassachusetts Supreme Judicial Court · 1855