Legal Opinion

Jackson Ex Dem. St. John v. Chew

Supreme Court of the United States

Decided February 18, 1827PublishedCited by 70 opinions

ERROR to the Circuit,Court for the Southern District of New-York. The question presented by the special verdict in this case, arose upon the will of Medcef Eden, the elder, bearing date the 29ih day of August, 1798, by which will the testator devised to his son Joseph, certain portions of his real and personal property, among which were the premises in question in this cause, “ to have and to hold the same to him, his heirs, executors, and administrators, for ever.”

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ERROR to the Circuit,Court for the Southern District of New-York. The question presented by the special verdict in this case, arose upon the will of Medcef Eden, the elder, bearing date the 29ih day of August, 1798, by which will the testator devised to his son Joseph, certain portions of his real and personal property, among which were the premises in question in this cause, “ to have and to hold the same to him, his heirs, executors, and administrators, for ever.” In like manner he devised to his son Medcef, his heirs and assigns, certain other portions of his property; and, after making…

1Opinion of the CourtJustice Thompson

Questions growing out of devises of this description, are among the most difficult and intricate doctrines of the law ; and from the numerous cases that have arisen, as found reported in the books, it will be seen, that nice and almost imperceptible distinctions have been resorted to, with the avowed object of carrying into effect the intention of the testator.' To review the cases that have arisen in the En glish Courts on these questions, would be an arduous, and to reconcile them, a difficult, if not a fruitless undertaking. Nor are the decisions of the State Courts in our own country in…

2Cases cited6 opinions

  1. Blight's Lessee v. RochesterSupreme Court of the United States · 1822
  2. Thatcher v. PowellSupreme Court of the United States · 1821
  3. Polk's Lessee v. WendalSupreme Court of the United States · 1815
  4. Daly's Lessee v. JamesSupreme Court of the United States · 1823
  5. Ridgway v. HaysU.S. Circuit Court for the District of District of Columbia · 1836

1 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
  3. Van Renesselaer v. KearneySupreme Court of the United States · 1851
  4. Williamson v. BerrySupreme Court of the United States · 1850
  5. Hart v. BurnettCalifornia Supreme Court · 1860

65 more not listed; retrieve them via the Exa API.

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