Ex parte Fuller

STORY, Circuit Justice.

Two questions arising upon the statement of facts are submitted to this court for decision. 1. In the first place, when upon the principles of the common law, does a devise of real estate take effect in the state of Maine? 2. Is it from the date of the probate of the will, or from the death of the testator, and as connected with this, whether any assent to the devise is required before the estate vests in the devisee? Now, upon this question, I cannot say that 1 fed any doubt The probate courts of Maine (like the probate courts of many other states in the Union) have…