Sayward v. Sayward
Supreme Judicial Court of Maine
In' this case, which came before the court upon a statement of facts reported by Parris J. the demandant claimed title to the whole of certain lands under the will of his grandfather Ebenezer Sayward; or as his heir at law of one thirty fifth part.
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In' this case, which came before the court upon a statement of facts reported by Parris J. the demandant claimed title to the whole of certain lands under the will of his grandfather Ebenezer Sayward; or as his heir at law of one thirty fifth part. By .the will, which was made March 30, 1782, the testator made divers specific devises and bequests, among which were the following : — “ I give and bequeath to my fifth son Samuel Sayward all my lands, buildings and other real estate not heretofore disposed of, to have the possession thereof when he conies to be twenty one years of age.” “ Item. I…
1Opinion of the Court
The opinion of the Court was read at the ensuing September term, as drawn up by
Mellen C. J.
From a careful examination of the principal and leading eases which have a direct hearing on this ccrue, we are perfectly satisfied that by the language employed by the testator in his codicil, neither an estate for life nor an estate in tail was created by the devise to Samuel Sayward; and as he was not a tenant for life nor a tenant in tail, the demandant cannot take any estate under the codicil by way of remainder. “ A remainder is a remnant of an estate in lands or tenements, expectant on a…
2Cases cited6 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Anderson v. JacksonNew York Supreme Court · 1819
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
- Ray v. EnslinMassachusetts Supreme Judicial Court · 1799
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelley v. Dixon, Circuit Court of the 18th Judicial Circuit of Florida, Brevard County1963
- Williams v. WattWyoming Supreme Court · 1983
- Williams v. WattWyoming Supreme Court · 1983