Fergus v. Robinson
Superior Court of Delaware
Ejectment. James Fergus, by will bearing date seventh February, 1797, devised as follows: give and bequeath to my beloved daughter, Eliza Fergus, all my real and personal estate, to her and her heirs forever—but if my beloved daughter Eliza Fergus should die before she arrives at lawful age, or has heirs lawfully begotten of her body, then my will and desire is that it goes to my brother Francis Fergus that was living in Rockbride county, New Virginia (when I heard from him…
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Ejectment. James Fergus, by will bearing date seventh February, 1797, devised as follows: give and bequeath to my beloved daughter, Eliza Fergus, all my real and personal estate, to her and her heirs forever—but if my beloved daughter Eliza Fergus should die before she arrives at lawful age, or has heirs lawfully begotten of her body, then my will and desire is that it goes to my brother Francis Fergus that was living in Rockbride county, New Virginia (when I heard from him last) to him, his heirs and assigns forever. ” Eliza Fergus married John Smith and died leaving one child, who died…
1Opinion of the Court
This ejectment, with others at the present term, was brought by the heirs at law of Francis Fergus the devisee over in the afsd. will of James Fergus under the idea that Eliza Fergus took but an estate tail by the said will. But the plff.’s counsel frankly abandoned this construction when the cases were called for trial, and ordered them discontinued, (a)(a)
Note by Mr. Black—Where there has been a devise of lands.to A- in fee, accompanied by a proviso that if he should die under age or without issue then over to B. in fee, there can be little difficulty at the present day either upon the…
2Cases cited8 opinions
- Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
- Ray v. EnslinMassachusetts Supreme Judicial Court · 1799
3 more not listed; retrieve them via the Exa API.