Varney v. Stevens
Supreme Judicial Court of Maine
Writ of entry demanding one undivided ninth part of a farm in Windham. Jonathan Varney made his will in November, 1802, and afterwards died seised of the land in controversy, and the will was duly proved and allowed in September, 1806. Varney left a wife but never had children. Excepting the formal parts the whole will was as follows.
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Writ of entry demanding one undivided ninth part of a farm in Windham. Jonathan Varney made his will in November, 1802, and afterwards died seised of the land in controversy, and the will was duly proved and allowed in September, 1806. Varney left a wife but never had children. Excepting the formal parts the whole will was as follows. “ Touching such worldly estate wherewith it has pleased God to bless me in this life, I give, devise and dispose of the same in the following manner and form. “ Imprimis. My will is, that all my just debts and funeral charges be first paid. a “Item, My will is,…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
— The last will of Jonathan Varney, deceased, contains this clause: “ My will' is, that my said wife Dorothy Varney shall have the whole of my estate, real and personal, during her natural life.” The general rule is, that a devise of lands without words of inheritance, gives only an estate for life. If the devise be accompanied by a personal charge upon the devisee, it is indicative of an intention to give a fee. And it has been decided, that a devise of uncultivated lands, without words of inheritance, gives a fee. In this case there was no…
2Cases cited1 opinion
- Blossom v. CannonMassachusetts Supreme Judicial Court · 1817
3Cited by12 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Pike v. WassellSupreme Court of the United States · 1877
- Allen v. DeGroodtSupreme Court of Missouri · 1889
- Battin v. WoodsWest Virginia Supreme Court · 1885
- Reyburn v. WallaceSupreme Court of Missouri · 1887
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