Blake v. Stone
Supreme Court of Vermont
Construction of deed. Use of the word heirs in deeds. Heir taking by purchase. Petition for partition of tlie real estate which was conveyed by Benjamin Burt to Leonard Burt, by his deed, dated November 25, 1830. The deed conveyed to Leonard Burt the premises in question, with the habendum as follows: “To have “ and to hold the same to the said Leonard Burt for and during “ the term of his, the said Leonard Burt’s, natural life, and no “ longer, and in remainder to the heirs…
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Construction of deed. Use of the word heirs in deeds. Heir taking by purchase. Petition for partition of tlie real estate which was conveyed by Benjamin Burt to Leonard Burt, by his deed, dated November 25, 1830. The deed conveyed to Leonard Burt the premises in question, with the habendum as follows: “To have “ and to hold the same to the said Leonard Burt for and during “ the term of his, the said Leonard Burt’s, natural life, and no “ longer, and in remainder to the heirs of his, the said Leonard “ Burt’s, body, (Charles Burt, son of the said Leonard, excepted,) “ forever.” On the 24th of…
1Opinion of the Court
*476The opinion of the court was delivered, at the circuit session in-September, by
Redfield, Ch. J.
The question here arises upon the construction of the deed of Benjamin Burt to Leonard Burt, November 25th, 1830. The conflicting interest is between the grantee and the heirs of Reuben Burt, son of Leonard Burt, he having deceased before Leonard Burt. Reuben Burt conveyed to the defendant Hyde.
If, at the time of the conveyance to Hyde, April 24th, 1845, Leonard Burt was seized of the estate in fee tail, nothing will pass, and upon the decease of Leonard, by the rules of the common law, the estate…
2Cited by13 opinions
- George v. WidemireSupreme Court of Alabama · 1942
- Fountain County Coal & Mining Co. v. BeckleheimerIndiana Supreme Court · 1885
- Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
- Kinney v. MathewsSupreme Court of Missouri · 1879
- Johnson v. BardenSupreme Court of Vermont · 1912
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