Dennett v. Hopkinson
Supreme Judicial Court of Maine
On facts agreed. Trover for the conversion of certain hay in a barn and other crops, corn, beans, &c., gathered and stored upon the premises which belonged to the plaintiff’s testator, Nathan Hopkinson, at the time of his death.
Read the full summary
On facts agreed. Trover for the conversion of certain hay in a barn and other crops, corn, beans, &c., gathered and stored upon the premises which belonged to the plaintiff’s testator, Nathan Hopkinson, at the time of his death. The defendant admitted the taking and justified it under the terms of the will of which the plaintiff is executor, and the parties submitted the question of the true construction of this instrument, and the rights of the parties under it, to the determination of this court upon the facts as agreed upon by them. Upon the sixth day of February, 1864, said Nathan…
1Opinion of the CourtWalton, J.
Unharvested crops go to a devisee of the land',. and not to the executor. As against the heirs at law; they go to> the executor; but as against a devisee they do not.
It is not easy, says Mr. Hargrave, to account for this distinction,, *354which gives corn growing to the devisee, but denies it to the heir. Mr. Broom also expresses the same opinion. Lord Ellenborough thought the distinction “capricious.” But they all agree that such is the law.
Mr. Broom’s statement of the law is as follows. He says that where a tenant in fee or in tail dies after the corn has been sown, but before severance, it…
2Cited by2 opinions
- Blair v. MurphreeSupreme Court of Alabama · 1886
- In re the Judicial Settlement of the Account of the Executors of ClemansNew York Surrogate's Court · 1890