Humphrey v. Foster
Supreme Court of Virginia
By deed bearing date the 23d of June 1820, Edmund Humphrey, in consideration of natural love and affection, and for divers other good causes and considerations, granted to his wife Elizabeth Humphrey forever, the tract of land on which he lived, and apparently all his personal property. To have and to hold and enjoy all and singular the said lands, goods and chattels for life.
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By deed bearing date the 23d of June 1820, Edmund Humphrey, in consideration of natural love and affection, and for divers other good causes and considerations, granted to his wife Elizabeth Humphrey forever, the tract of land on which he lived, and apparently all his personal property. To have and to hold and enjoy all and singular the said lands, goods and chattels for life. Mrs. Humphrey survived her husband and lived until 1843 or 1844. She held the land, &c. in possession ; and in July 1842 she executed a deed, by which she, for natural love and affection and one dollar, conveyed the…
1Opinion of the Court
Allen, P.
At the common law, the word “ heirs” was necessary to create a fee simple in all feoffments and grants to natural persons, and conveyances to natural persons taking effect as transfers of the legal estates by the operation of the statute of uses. *656Littleton, § 1; Lom. Dig. 218, m; 4 Kent’s Com. 5. -^11^ as c^ee(^s are be taken most strongly against grantor, when by the premises an estate is conveye(j fo one anc] pjs heirs habendum, to him for life, the habendum is repugnant and void, as it cannot perform the office of devesting an estate already vested by the premises. 2 Lom. Dig. 216…
2Cited by11 opinions
- Hyman, Moses & Co. v. SmithWest Virginia Supreme Court · 1877
- Rust v. RustWest Virginia Supreme Court · 1881
- Mauzy v. MauzySupreme Court of Virginia · 1884
- Cresap v. BrownWest Virginia Supreme Court · 1918
- Carter v. Reserve Gas Co.West Virginia Supreme Court · 1919
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