Buxton v. Inhabitants of Uxbridge
Massachusetts Supreme Judicial Court
Writ of entry to recover eighteen acres of land in Uxbridge. Trial before Shaw, C. J. whose report thereof was as follows: « The demandant claimed title to the demanded premises as tenant in tail, and derived the same from John Buxton, son and devisee of Benjamin Buxton, under the last will of said Benjamin, who died in the year 1780, leaving two sons, James and John.
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Writ of entry to recover eighteen acres of land in Uxbridge. Trial before Shaw, C. J. whose report thereof was as follows: « The demandant claimed title to the demanded premises as tenant in tail, and derived the same from John Buxton, son and devisee of Benjamin Buxton, under the last will of said Benjamin, who died in the year 1780, leaving two sons, James and John. John had ten children, the eldest of whom was Timothy, who died more than forty five years since, leaving the demandant his only child. John died in the year 1839. “ The devise to John, in the last will of said Benjamin, was in…
1Opinion of the CourtHubbard, J.
The clause in the will of Benjamin Buxton, upon the construction of which the case principally depends, is as follows : “ And the other half of my estate, both real and personal, I give and dispose of as followeth, viz. the one half of all my lands, except the eight acres given to James, to my son John Buxton and the heirs lawfully begotten of his body, and their heirs and assigns, and all the remainder of my movea ble estate.” It is argued that the words “heirs and assigns’ must be construed to have some meaning ; and that, by giving *91them their appropriate signification, they enlarge the…
2Cases cited1 opinion
- Osborne v. ShrieveU.S. Circuit Court for the District of Rhode Island · 1824