Dart v. Dart
Supreme Court of Connecticut
This was an action of ejectment for one undivided fifth part oí a piece of land in Waterford ; tried at Norwich, January term, 1828, before Lanman, J. On the 4th of July, 1754, Roger Dart, being seised in fee of certain lands, devised them as follows. 1. His farm at Jor-dain to his son Roger, his heirs and assigns forever, upon condition that he pay to two of the testator’s daughters what their legacies should fall short of £50, old tenor, each. 2. The farm on which the…
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This was an action of ejectment for one undivided fifth part oí a piece of land in Waterford ; tried at Norwich, January term, 1828, before Lanman, J. On the 4th of July, 1754, Roger Dart, being seised in fee of certain lands, devised them as follows. 1. His farm at Jor-dain to his son Roger, his heirs and assigns forever, upon condition that he pay to two of the testator’s daughters what their legacies should fall short of £50, old tenor, each. 2. The farm on which the testator then lived, of which the demanded premises are a part, to his sons William and Solomon, their heirs and assigns…
1Opinion of the CourtPeters, J.
This case presents three questions. 1. What estate did Solomon Dart the elder take under this devise ? 2. What estate passed from the plaintiff to the releasees ? 3. Is the plaintiff estopped, by his deed to them ?
To answer the first question, we must ascertain the intention of the devisor; and this can be learned only from his will. His first object seems to have been, to provide for his sons, during their lives ; the second, to perpetuate his estate in his name and family. This, according to the notions of those days, could be effected only by an entailment. He therefore used expressions,…
2Cases cited3 opinions
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
- Hulburt v. EmersonMassachusetts Supreme Judicial Court · 1819
- Hamilton v. HempstedSupreme Court of Connecticut · 1809
3Cited by24 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Clark v. BakerCalifornia Supreme Court · 1860
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
- Dailey v. SpringfieldSupreme Court of Georgia · 1915
- Brawford v. WolfeSupreme Court of Missouri · 1890
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