Legal Opinion

Randall v. Josselyn

Supreme Court of Vermont

Decided February 15, 1887PublishedCited by 11 opinions

Bill in Chancery. Heard on bill and answer, December Term, 1886, Rowell, Chancellor. Decree, that the court had jurisdiction ; that the devise over, in case the son dies without* children, etc., will take effect as an executory devise; that the orator has only a qualified or base fee in the land in question, but that the will doth give him power to sell and convey the same and give good title thereto ; but if he do this, he must give the defendant a bond, with sufficient…

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Bill in Chancery. Heard on bill and answer, December Term, 1886, Rowell, Chancellor. Decree, that the court had jurisdiction ; that the devise over, in case the son dies without* children, etc., will take effect as an executory devise; that the orator has only a qualified or base fee in the land in question, but that the will doth give him power to sell and convey the same and give good title thereto ; but if he do this, he must give the defendant a bond, with sufficient sureties, to be approved by the clerk of court, which shall be in the penal sum, double the amount for which the land is…

1Opinion of the Court

The opinion of the court was delivered by

Walker, J.

The testatrix, Sarah S. Randall, devised and bequeathed all her estate, real and personal, to her son Charles E. Randall, who was her only child and heir, subject to the following conditions and limitations :

‘ ‘ In the event of my decease before my son shall have attained the age of twenty-one years, I leave the care and management of my property, for the benefit of my son, to my executor hereinafter named, until my son shall have attained the age of twenty-one years; my said executor is hereby authorized, before my son arrives at such age,…

2Cases cited6 opinions

  1. Ide v. IdeMassachusetts Supreme Judicial Court · 1809
  2. Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
  3. Executors of Moffat v. StrongNew York Supreme Court · 1813
  4. Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
  5. Hatfield v. . SnedenNew York Court of Appeals · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. HarringtonSupreme Court of Vermont · 1896
  2. Welsh v. GistCourt of Appeals of Maryland · 1905
  3. Mattison v. MattisonOregon Supreme Court · 1909
  4. Morse v. LymanSupreme Court of Vermont · 1891
  5. Neilson v. AlbertySupreme Court of Oklahoma · 1913

6 more not listed; retrieve them via the Exa API.

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