Moore v. Dimond
Supreme Court of Rhode Island
Teespass and ejectment for a lot of land lying in the compact part of the town of Bristol, which the plaintiff claimed under the will of her late husband, Francis Moore, as devised to her, with his other real estate, during widowhood.
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Teespass and ejectment for a lot of land lying in the compact part of the town of Bristol, which the plaintiff claimed under the will of her late husband, Francis Moore, as devised to her, with his other real estate, during widowhood. The action was originally brought against William R. Taylor, to whom the defendant had sold the lot with warranty of title, and the defendant, upon being served with a summons ad warrcmtizandum, pleaded to, and assumed upon himself the defence of the case. Upon the trial before the chief justice and Mr. Justice Bos-worth, with a jury, at the September term,…
1Opinion of the CourtBRayton, J.
The title of the plaintiff in this case depends, mainly, upon the construction to be given to the will of Hannah Martin, and whether any interest under the same vested in those through whom the plaintiff claims. That interest, if any, is derived under the devise contained in the sixth clause of the will before- set forth in the statement of facts.
The defendant says, that nothing passed by the devise to any of the children of Elizabeth Diman or to their descendants, but that, by force of this devise, an estate in the premises in question vested in the said Elizabeth in fee-simple; and his…
2Cases cited3 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Lewis v. DarlingSupreme Court of the United States · 1854
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
3Cited by6 opinions
- Schneller v. SchnellerIllinois Supreme Court · 1934
- Steidl v. FreygangCalifornia Court of Appeal · 1948
- Manufacturers National Bank of Troy, NY v. McCoySupreme Court of Rhode Island · 1972
- Hoverstad v. First National Bank and Trust Co.South Dakota Supreme Court · 1955
- In Re DiBiasioSupreme Court of Rhode Island · 1998
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