Andrews v. Lowthrop

The principal question in this case arises on the third clause of the will of Lucina W. Paine, as follows: “Thirdly, I give and devise to my nephew, John Albert Paine, the other half of my real estate during his natural life, and after his decease to his heirs, their heirs and assigns forever.” The question is, whether said John Albert took under said clause an estate in fee simple, or only an estate' for life. It is admitted that he would have taken a fee simple under the rule in Shelley’s case, if the words “ their heirs and assigns forever ” had not been added to the words “ his heirs.”…