Decamp v. Hall
Supreme Court of Vermont
Bill in Chancery. The legal questions in the case arose upon the construction of the will of Isaac Decamp, late of Barre, who died on the 14th day of February, 1864. The portion of the will material to be stated, was as follows : “ Fourth, I also give and bequeath to my son John Decamp the use of $475, and the cow now on his farm, during his natural life, after the decease of my wife.
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Bill in Chancery. The legal questions in the case arose upon the construction of the will of Isaac Decamp, late of Barre, who died on the 14th day of February, 1864. The portion of the will material to be stated, was as follows : “ Fourth, I also give and bequeath to my son John Decamp the use of $475, and the cow now on his farm, during his natural life, after the decease of my wife. After the decease of the said John Decamp, I bequeath the said legacy of $475, and the cow, considered at $25, the use of which the said John Decamp is to have after the decease of my wife during his natural…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In this case we think the legacy of $500 became vested in the grandsons of the testator at his death. The father of the legatees had only a life interest. We recognize and approbate the evident disposition of the court to go as far as they warrantably can, without violating established principles of law and rules of construction, in favor of holding that persons, to whom legacies are given more or less resembling that in this case, take in severalty as tenants in common, and not jointly as joint tenants. But in order to warrant the court in…
2Cited by3 opinions
- In re Estate of BrownSupreme Judicial Court of Maine · 1894
- Thompson v. TryonSupreme Court of Vermont · 1894
- Gallagher v. R. I. Hospital Trust Co.Supreme Court of Rhode Island · 1900