Daniel v. Whartenby
Supreme Court of the United States
In error to the Circuit Court for the District of Delaware. James Whartenby brought ejectment in the court below against William Daniel and others for certain premises in the State of Delaware. •' ■' Under the instructions given to the jury a verdict was rendered in favor of the plaintiff" and judgment was entered accordingly. The defendants, having excepted to the instructions, sued out this writ of error and brought the case here for. review.
1Opinion of the CourtJustice Swayne
stated the case and delivered the opinion of the court. .
' The premises in controversy were devised by the will of James Tibbitt. The case turns upon the construction and effect to be given to the following clause of that instrument:
“All the rest, residue, and remainder of my estate, both real and personal, of what kind and nature soever, I give, devise, and bequeath' to my son, Eichard Tibbitt, during bis natural life, and after his death to his issue, by him lawfully begotten of. his body, to such issue, their heirs and assigns forever. In case my son, Eichard Tibbitt, shall die without…
2Cases cited2 opinions
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- In re SandersNew York Court of Chancery · 1834
3Cited by38 opinions
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Thorne's EstateSupreme Court of Pennsylvania · 1942
- Wescott v. BinfordSupreme Court of Iowa · 1898
- Ridgeway v. LanphearIndiana Supreme Court · 1884
- Winter v. DibbleIllinois Supreme Court · 1911
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