Den v. Howell
Supreme Court of New Jersey
In Error to the Circuit court of the county of Mercer. This was an ejectment brought to recover lands in the county of Mercer. Upon the trial, a verdict was rendered for the defendant.
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In Error to the Circuit court of the county of Mercer. This was an ejectment brought to recover lands in the county of Mercer. Upon the trial, a verdict was rendered for the defendant. Both parties claimed under the will of Joseph Brittain deceased; which will is dated the 16th of January, 1755. In the recital to this will the testator declares, that “ for the settling my temporal estate as it has pleased God to bestow upon me, I do order and dispose of the same in manner following,” &c. After other matters the will proceeds: “ Item, I give and bequeath unto my two beloved sons, Isaac…
1Opinion of the CourtCarpenter, J.
The great question, in this cause, arises upon the construction of the will of Joseph Brittain, the elder, deceased • the lessors of the plaintiff being the grand-children of the said devisor. The first devise to Isaac and to Joseph, it is admitted on the strength of late decisions, conveyed to them severally, a defeasible fee. The first clause, although it contains no words of inheritance, would clearly convey a fee, on the strength of the introductory words in the will and by the force of the word estate,. This prefatory clause, prefixed to a devise of real estate, shows that the testator…
2Cases cited2 opinions
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Miller v. SchneiderCourt of Appeals of Texas · 1884