Mitchell v. Morse
Supreme Judicial Court of Maine
On report. Real action to recover the possession of certain premises in Chesterville. The opinion states the material facts. The word " remainder,” as used in the will, has a well settled legal signification, viz : " A remnant of an estate in land, depending upon a particular prior estate, created at the same time, and by the same instrument, and limited to arise immediately on the termination of that estate, and not in abridgement of it.” 4 Kent.
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On report. Real action to recover the possession of certain premises in Chesterville. The opinion states the material facts. The word " remainder,” as used in the will, has a well settled legal signification, viz : " A remnant of an estate in land, depending upon a particular prior estate, created at the same time, and by the same instrument, and limited to arise immediately on the termination of that estate, and not in abridgement of it.” 4 Kent. Com. 197. "An estate limited to take effect and be enjoyed after another estate is. ended.” 2 Black. Com. 163, 164. But if the testator meant by…
1Opinion of the CourtWalton, J.
This is a real action, and the only question is whether John Mitchell, by his last will and testament, gave his wife a fee simple estate in the demanded premises, or only an estate for life.
It is the opinion of the court that he gave her a fee simple estate. A devise of real estate without words of limitation vests in the devisee an estate in fee simple; and this result is not defeated by a devise over of the remainder. If a life estate only is given, a devise over of the remainder is good. But when by the terms of the devise an estate in fee simple is given, the addition ‘ of a devise over…
2Cited by5 opinions
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