Ide v. Ide
Massachusetts Supreme Judicial Court
This was a real action, commenced by a writ of entry sur disseisin, in which the demandant counts on his own seisin of a moiety of the lands described within thirty years, and on a disseisin by the tenants.
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This was a real action, commenced by a writ of entry sur disseisin, in which the demandant counts on his own seisin of a moiety of the lands described within thirty years, and on a disseisin by the tenants. The case was submitted to the Court upon an agreed statement of facts, from which it appears that Timothy Ide, the grandfather of the demandant, duly devised to his son Peleg Ide, and to his heirs and assigns forever, among other lands, the lands described in the writ, and he also gave him one half of his in-door movables, husbandry tools, stock of cattle, and of his bonds and notes, and…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
The merits of this case depend on the construction of the will of Timothy Ide. There is clearly an express devise to Peleg, of an estate in fee simple; and the devise over is on the contingency of his leaving no lawful heir. The words “lawful heir ” cannot here mean heirs in general, but must be restrained to heirs of the body ; because John and Nathaniel, the devisees over. *388were heirs to Peleg, after the death of the testator, one being hia brother, and the other his nephew. The devise over therefore must be understood, as on the…
2Cases cited1 opinion
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
3Cited by128 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Mulvane v. RudeIndiana Supreme Court · 1896
- Howard v. CarusiSupreme Court of the United States · 1884
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Jackson v. RobinsNew York Supreme Court · 1819
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