Legal Opinion

Keeler v. Wood

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 9 opinions

Covenant. The following facts were agreed upon by the parties: The defendant executed a deed of certain land in Brandon, dated October 3, 1837, with a covenant of warranty, to Oliver E. Lawrence, and Lawrence, on the 11th of March, 1841, deeded the same land to the plaintiff with a similar covenant.

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Covenant. The following facts were agreed upon by the parties: The defendant executed a deed of certain land in Brandon, dated October 3, 1837, with a covenant of warranty, to Oliver E. Lawrence, and Lawrence, on the 11th of March, 1841, deeded the same land to the plaintiff with a similar covenant. Each of these deeds contained the following words after the description of the land conveyed: “ reserving from the premises above described three west rows of apple trees in the orchard, two stalls in the southwest corner of the bam, and twelve feet square over said stalls for hay, which is…

1Opinion of the Court

The opinion of the court was delivered by

Aldis, J.

The defendant conveyed by a warranty deed certain lands in Brandon. At the end of the description of the lands are these words: “ reserving from the premises above described, three west rows of apple trees in the orchard, two stalls in the southwest corner of the barn and twelve feet square over said stalls for hay, *245which is reserved for the use of our mother, Mary Wood.” The question for this court to decide is, do those words reserve an estate for the life of Mary Wood, or an estate in fee simple ?

We are to put a construction upon these…

2Cited by9 opinions

  1. Albright v. FishSupreme Court of Vermont · 1980
  2. Smith v. FurbishSupreme Court of New Hampshire · 1894
  3. Martin v. CookMichigan Supreme Court · 1894
  4. Hazelett v. WoodruffSupreme Court of Missouri · 1899
  5. Sloan v. Lawrence Furnace Co.Ohio Supreme Court · 1876

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