Brewster v. Hill
Superior Court of New Hampshire
THIS was an action of trespass in ejectment. At the t rial here under the general issue, May term, 1818, it appeared in evidence that John Wheelock, Esq. was the owner of the demanded premises on the 15th of March', A. D., 1796: that he then leased them to one O.,.for 985 years: . that O. entered and died, bequeathing all his “ personal _ estate” to A. P. and wife,; and that in November, 1807, A. P. , and wife conveyed their interest to the plaintiff.
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THIS was an action of trespass in ejectment. At the t rial here under the general issue, May term, 1818, it appeared in evidence that John Wheelock, Esq. was the owner of the demanded premises on the 15th of March', A. D., 1796: that he then leased them to one O.,.for 985 years: . that O. entered and died, bequeathing all his “ personal _ estate” to A. P. and wife,; and that in November, 1807, A. P. , and wife conveyed their interest to the plaintiff. A verdict was returned for the plaintiff, subject to the opinion of the court upon the above evidence.
1Opinion of the CourtWoodbury, J.
In this case the sole question is, whether the term mentioned in the plaintiff’s writ would pass under a devise of “personal estate.”
The boundaries between real and personal estate are, in certain instances, scarcely distinguishable ; and indeed some species of property exist, which have been deemed real or personal, according to the character of the claimants, and the purpose for which they claim. Vide autho. cited post Mills vs. Pierce, Rock., Feb., 1819.
But we are not aware of any established principles or precedents which would make leases for years any thing more than “personal estate.”…
2Cited by1 opinion
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