Bailey, Junior
Supreme Court of Rhode Island
Case stated for an opinion of the court, under Pub. Stat. R. I. cap. 192, § 28, as follows: — “ William E. Greene, being an inhabitant of North Providence, in said county, died September 19, 1851, leaving a last will and testament, of »which the following is a true copy : “ I, William E. Greene, of the town of North Providence, in the county of Providence and State of Rhode Island, being sick in body, but of a sound and disposing mind and memory, do make and publish this my…
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Case stated for an opinion of the court, under Pub. Stat. R. I. cap. 192, § 28, as follows: — “ William E. Greene, being an inhabitant of North Providence, in said county, died September 19, 1851, leaving a last will and testament, of »which the following is a true copy : “ I, William E. Greene, of the town of North Providence, in the county of Providence and State of Rhode Island, being sick in body, but of a sound and disposing mind and memory, do make and publish this my last will and testament, as follows : “ First. I desire that all my just debts shall be paid by my executor as soon as…
1Opinion of the CourtDtjrbbe, C. J.
We do not find it necessary to decide whether our statute extends to devises and conveyances in trust or not, for, assuming that it does, and that the devise to Arnold and Allen must be construed as a devise to them as tenants in common, and that consequently Arnold acquired title to only an undivided half of the real estate devised, we are nevertheless of the opinion that Arnold, on disclaimer by Allen, had power to sell the entire estate, and that his deed to Bailey therefore vested in Bailey the entire estate in the land described in it. The reason which has led us to this conclusion is…
2Cases cited3 opinions
- Osgood v. FranklinNew York Court of Chancery · 1816
- Lessee of Zebach v. SmithSupreme Court of Pennsylvania · 1810
- Trustees of Putnam Free School v. FisherSupreme Judicial Court of Maine · 1849