King v. Ackerman
Supreme Court of the United States
This case came up on a writ of error .to the Circuit Court for the Southern District of New York. It was an ejectment for certain lots now within the limits of the city, and formerly part of the estate of Lawrence Benson, deceased. Lawrence Benson, at the time of his death, had two tracts of land, which he held in fee, one occupied'by himself and one by George Williams. He had one son and two grand-daughters, the children of a deceased daughter.
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This case came up on a writ of error .to the Circuit Court for the Southern District of New York. It was an ejectment for certain lots now within the limits of the city, and formerly part of the estate of Lawrence Benson, deceased. Lawrence Benson, at the time of his death, had two tracts of land, which he held in fee, one occupied'by himself and one by George Williams. He had one son and two grand-daughters, the children of a deceased daughter. He died in 1822, having made the will copied in the opinion of the Court, by wbicb be gave tbe Williams’ place to bis son Benjamin, “to do and…
1Opinion of the CourtJustice Grier
It has been an established rule, in the construction of wills, that a devise of lands, without words • of limitation, .confers on the devisee an estate for life only. This rule' was founded rather on policy than on reason; for while it favored the heir-at-law, it generally defeated the intention of the testator. This is acknowledged by Lord Mansfield in Loveacre vs. Blight, (Cowper); and the interference of modern legislation, to abolish the rule and establish a contrary one, is evidence of the correctness of his remark. This change has been effected by statute in England and most if not all…
2Cited by9 opinions
- Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
- Gibson v. BrownIndiana Court of Appeals · 1915
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- In Re Miller's Estate.Supreme Court of Iowa · 1952
- Robinson v. RandolphSupreme Court of Florida · 1885
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