Osborne v. Shrieve
U.S. Circuit Court for the District of Rhode Island
Ejectment. The case came on upon a statement of facts agreed by the parties as follows; It is agreed that the plaintiffs [Willard Osborne and others] are the heirs at law of Weaver Osborne, the grandson of the testator William Shrieve;. and to whom the testator devised the premises demanded in manner as set forth in said testator's will; that the defendants [Nancy Shrieve and others] are in possession of the premises demanded, devised as aforesaid, and claimed by the…
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Ejectment. The case came on upon a statement of facts agreed by the parties as follows; It is agreed that the plaintiffs [Willard Osborne and others] are the heirs at law of Weaver Osborne, the grandson of the testator William Shrieve;. and to whom the testator devised the premises demanded in manner as set forth in said testator's will; that the defendants [Nancy Shrieve and others] are in possession of the premises demanded, devised as aforesaid, and claimed by the plaintiffs under said devise; that on the 14th of January, 1772, the testator was seized and possessed in his own right in fee…
1Opinion of the Court
STORY, i(Mrcuit Justice.
This cause has been very elaborately argued. I have examined all the authorities cited at the bar, and beyond them my own researches have not been inconsiderable. The result of my own judgment, upon the fullest deliberation. 1 will now endeavour to give in as summary a manner as I can.. The terms of the devise are, “I give and bequeath unto my well beloved son John Shrieve and to his male heir lawfully begotten of his body, and to his heirs and assigns for ever, all my homestead farm &e. to him my said son John Shrieve and to his heir male lawfully begotten of his body…
2Cited by6 opinions
- Gardner v. AndersonSupreme Court of Kansas · 1924
- Andrews v. LowthropSupreme Court of Rhode Island · 1890
- Buxton v. Inhabitants of UxbridgeMassachusetts Supreme Judicial Court · 1845
- Malcolm v. MalcolmMassachusetts Supreme Judicial Court · 1849
- Morehouse v. CothealSupreme Court of New Jersey · 1850
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