Legal Opinion

Den v. Taylor

Supreme Court of New Jersey

Decided February 15, 1819Published

IN EJECTMENT. THIS cause came up,, on a special verdict, formed at the Cumberland circuit in June 1816; which was quently amended by agreement of parties in May 1817, and presents the following facts.

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IN EJECTMENT. THIS cause came up,, on a special verdict, formed at the Cumberland circuit in June 1816; which was quently amended by agreement of parties in May 1817, and presents the following facts. Stephen Sheppard was J- o xxx seized of the premises in question, and on the 22nd of September A. J). 1783, made his will, in due form of law, and among things devised the premises as follows: “Item, I give unto my brother Qibbon Sheppard, the use of all my lands, buildings and improvements, meadows _ — ____ ------------------in 'and appurtenances, during his natural life and no longer, ■ and…

1Opinion of the Court

The opinion of the court was delivered by

Kirkpatrick C. J.

This is a special verdict in ejectment taken at the Cumberland circuit in June 1816. The' devise *which it presents, and upon which the controversy turns, is in substance, this :

J give all my lands to my nephevo Stephen Sheppard, his heirs and assigns forever ; but in case he should die before he arrives to lawful age, or have lawful issue, then over to his nephew John Sheppard and his two nieces, Hannah Sheppard and Louisa Sheppard, equally to he divided, &c.

The question raised upon this devise for the consideration of the court,…

2Cases cited1 opinion

  1. Girard Fire Ins. v. FieldSupreme Court of Pennsylvania · 1862

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