Arnold v. Buffum
U.S. Circuit Court for the District of Rhode Island
[At law. Action of ejectment by Ahaz Arnold and another against Thomas Buffum.] The cause turned altogether upon the consideration of a clause in the will of Thomas Arnold, and was argued on the following statement of facts, agreed upon by the parties: “At the time of the making of Thomas Arnold’s will, and also at the time of the testator’s death, Peleg Arnold was under the age of twenty-one years, being the testator’s youngest son.
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[At law. Action of ejectment by Ahaz Arnold and another against Thomas Buffum.] The cause turned altogether upon the consideration of a clause in the will of Thomas Arnold, and was argued on the following statement of facts, agreed upon by the parties: “At the time of the making of Thomas Arnold’s will, and also at the time of the testator’s death, Peleg Arnold was under the age of twenty-one years, being the testator’s youngest son. John Arnold was the second son of the testator, and was then over twenty-one years of age; and Thomas Arnold was the testator’s eldest son. These three sons were…
1Opinion of the Court
STORY, Circuit Justice.
The question for the consideration of the court is, what estate Peleg took under the wiE. If he took a fee simple, which became absolute upon his attaining twenty-one years of age, then the tenant is entitled to judgment. If he took a fee tail, or a fee simple determinable upon his dying without issue, notwithstanding his arrival at twenty-one years of age, (and in this latter view the question, whether the executory devise over be not too remote, becomes immaterial because it is a devise to the heir at law) then the demandant is entitled to recover.
The counsel for the…
2Cases cited2 opinions
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
- Holmes v. Lessee of HolmesSupreme Court of Pennsylvania · 1812
3Cited by4 opinions
- De Wolf v. MiddletonSupreme Court of Rhode Island · 1893
- Watkins v. SearsCourt of Appeals of Maryland · 1846
- De Wolf v. MiddletonSupreme Court of Rhode Island · 1893
- Hunt v. HuntMassachusetts Supreme Judicial Court · 1846