Rollins v. Ballentine

Opinion by

Judge Coder :

It seems to have been the doctrine of this court since Webb v. Holmes, 3 B. Mon. 404, was decided, and such seems to have been the rule of the common law from a very early period in its history, that one not a party to a deed cannot take a present interest under it, but that those not parties may take under it by way of remainder. Foster v. Shreve, 6 Bush 519. And in Turner v. Patterson, 5 Dana 292, it was held that a devise to Kathrine Patterson and her children was prima facie to the children then in being, and that after-born children would take nothing, but the…