Sargent v. Towne
Massachusetts Supreme Judicial Court
This was a writ of formedon in remainder, brought for the recovery of two hundred and fifty acres of land lying in Charlton, in this county; fifty-two acres of which the tenant disclaimed, and as to the residue, the parties submitted the action to the determination of the Court on the following facts agreed, viz.: — “ Edward Kitchin, formerly of Salem, in the county of Essex, on the 5th day of July, 1765, was seised of the demanded premises in fee, and, being so seised, made…
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This was a writ of formedon in remainder, brought for the recovery of two hundred and fifty acres of land lying in Charlton, in this county; fifty-two acres of which the tenant disclaimed, and as to the residue, the parties submitted the action to the determination of the Court on the following facts agreed, viz.: — “ Edward Kitchin, formerly of Salem, in the county of Essex, on the 5th day of July, 1765, was seised of the demanded premises in fee, and, being so seised, made his last will and testament; and therein devised, among other things, as follows, viz.: “ I will and bequeath to my…
1Per curiam
Two questions arise in this case:
1. Supposing, in the devise to Wolcott, the testator had expressly described the land devised as wild or uncultivated, what estate would W. have taken by the will ?
A devise is always intended for the benefit of the party. But it is very certain that a life estate in wild land cannot be considered as of any value. No one would undertake the bringing of it into a state of cultivation, waste being out of the question, if his estate might be determined before he should be reimbursed his labor and expense. The inference, then, is clear, that a devise of such land,…
2Cases cited7 opinions
- Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
- Clayton v. ClaytonSupreme Court of Pennsylvania · 1811
- Jackson ex dem. Van Rensselaer v. AndrewNew York Supreme Court · 1821
- Jackson ex dem. Wells v. WellsNew York Supreme Court · 1812
- Ferris v. SmithNew York Supreme Court · 1819
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