Berry's Lessee v. Berry
General Court of Virginia
Ejectmeiít for part of a tract of land called Mx, lying in Frince-George’s county. Defence on warrant, and plots returned. The plaintiff offered in evidence a grant to William Hutchison, dated the 12th of June 1688, for the land called Mx mentioned in the declaration; and that Thomas Berry, of Samuel, was on the 24th of October 1778, and at the time of his death, seized in fci of the part of the said tract for which this suit is brought.
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Ejectmeiít for part of a tract of land called Mx, lying in Frince-George’s county. Defence on warrant, and plots returned. The plaintiff offered in evidence a grant to William Hutchison, dated the 12th of June 1688, for the land called Mx mentioned in the declaration; and that Thomas Berry, of Samuel, was on the 24th of October 1778, and at the time of his death, seized in fci of the part of the said tract for which this suit is brought. That Humphrey Berry was heir at law oi the said Thomas, and that the said Humphrey died since the act to direct descents passed in 1786, leaving Samuel,…
1Opinion of the Court
Chase, Ch. J.
delivered the opinion of the court. The rules which have been adopted in the const,ruction of w-ills are well established, and when conformed to *421generally lead to a right decision of all litigated questions arising under them.
The intention of the testator is to prevail; but that intention must accord with the rules of law, and is to be collected from the words of the will.
The heir at law is not to be disinherited but by express words or necessary implication.
Intention, without words from which that intention can '.e inferred, operates nothing.
The right of the heir at law is…
2Cited by5 opinions
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
- McElroy v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 1962
- Holmes v. MitchellCourt of Appeals of Maryland · 1853
- Safe Deposit & Trust Co. v. HuttonCourt of Appeals of Maryland · 1930
- McElroy v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 1962