De Mill v. Lockwood
U.S. Circuit Court for the District of Southern New York
This was an action [by Thomas A. De Mill and others against Augustus Lockwood] for the recovery of a tract of land situate in Stamford. The plaintiffs, four in number, were the children and the only heirs male of Peter De Mill. The title to the land was originally in Anthony De Mill. He, by his will, made the 15th of July, 1790, devised the land to his nephew Joseph De Mill, for life.
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This was an action [by Thomas A. De Mill and others against Augustus Lockwood] for the recovery of a tract of land situate in Stamford. The plaintiffs, four in number, were the children and the only heirs male of Peter De Mill. The title to the land was originally in Anthony De Mill. He, by his will, made the 15th of July, 1790, devised the land to his nephew Joseph De Mill, for life. At his decease, the land was given by the will to Peter De Mill, a son of Anthony, and to the heirs male of his body. The will was admitted to probate on the 13th of August, 1790. Joseph died in the year 1800.…
1Opinion of the Court
IN6ERSOLL, District Judge,
in submitting the case to the jury, charged them as follows:
The plaintiffs, if there were nothing else in this case but the will of Anthony De Mill, would be entitled to the property in question, in fee simple. Por, the statutes of this state have declared, that every estate given in fee tail shall be an absolute estate in fee simple, in the issue of the first donee in tail. The plaintiffs would, therefore, be entitled to a verdict, to recover possession of the premises.
It is urged, however, by the defendant, that, in the year 1802, the fee of the land was attempted,…
2Cited by5 opinions
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- St. John v. DannSupreme Court of Connecticut · 1895
- Green v. EdwardsSupreme Court of Rhode Island · 1910
- Waterman v. AndrewsSupreme Court of Rhode Island · 1884
- Pollock v. SpeidelOhio Supreme Court · 1875