Legal Opinion

Maeck v. Nason

Supreme Court of Vermont

Decided January 15, 1849PublishedCited by 4 opinions

Ejectment for the south part of a house in St. Albans, called the Nason house. Plea, the general issue, and trial by the court, November Adjourned Term, 1848, — Royce, Ch. J., presiding.

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Ejectment for the south part of a house in St. Albans, called the Nason house. Plea, the general issue, and trial by the court, November Adjourned Term, 1848, — Royce, Ch. J., presiding. On trial the plaintiffs read in evidence the last will and testament of William Nason, dated October 31, 1810, by which the testator devised to his wife, Mary Nason, during her natural life and so long as she should remain a widow, all his home farm, on which he then resided, with all the buildings thereon standing and the privileges thereto appertaining, — and also devised to certain of his children legacies…

1Opinion of the Court

*119The opinion of the court was delivered by

Hall, J.

Several objections are made to the judgment of the county court.

1. It is said, that there are no devising words in the will to Peggy Nason, in regard to her living in the house; that the language of the testator is to be construed as matter of advice to John Nason to permit her to live there; and that she consequently took no absolute interest or right in the house by the will.

This objection, we think, ought not to prevail. We should be inclined to construe the will as a direct devise to her of a right to all the privileges in the house, that…

2Cited by4 opinions

  1. Endicott v. EndicottNew Jersey Court of Chancery · 1886
  2. Johnson v. GoldsteinCourt of Appeals of Texas · 1914
  3. Ingersoll v. IngersollNew Jersey Court of Chancery · 1882
  4. Johnson v. GoldsteinCourt of Appeals of Texas · 1914

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