Hawkins v. Duvall

In a deed dated September 26, 1899, conveying certain lands to his son Fred, Albert Duvall reserved “ all timber east of the highway running from Hornby * * * with the right to take it off at any time.”

Albert Duvall died March 8,1908, without exercising his right to remove any of the timber in question, and upon his death, by will, after a few small specific legacies, gave all his property both real and personal to the defendant Arthur Duvall. That whatever right was retained under such reservation passed by the Avill seems evident; it was not personal to the grantor named in the deed but was…