The American Law Record Volume 2

The American Law Record Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...daughters--Sarah Forbes, afterward Sarah Edwards, and Emily Forbes, afterward Emily Wells--but that the title of Mrs. Smith, one-half of which was thus secured in remainder to Sarah Edwards, is conditional, as the deed of 1812, it is claimed, provides that the share of any one of the four children shall pass to survivor or survivors, in case of the death, without issue, of any one of the four. Hence, in case Mrs. Smith dies without issue surviving her, her estate or interest will be at an end, and pass to the survivors of the four, and in that event Sarah Edwards will have no estate. Therefore, it is said, the interest of Sarah Edwards continues only for the life of Mrs. Smith, and that such interest should have been set off to her in the land itself, to expire with the life of Mrs. Smith. The chief, and as we think a sufficient answer, to this argument is, that it does not state the facts. The deed of 1812 does not provide generally that in the event of the death of any one or more of the four daughters without issue, her or their shares shall pass to the survivor or survivors of the four; but it does provide that after the decease of the said James and Sally Sisson, the grantors, whenever it shall be found that all of the four children, or such of them as may be alive, are arrived at full legal adult age, the said Daniel Drake and Arthur Henrie, Trustees, shall immediately proceed to divide the 81 acres equally among and convey the same separately to the abovenamed children by general warrantee deed to each, or to the child or children of those that may die leaving issue; and in case either of said children shall die without issue the prcmises shall be divided equally among those of the above-named children that survive. Thus by the terms more

Product details

  • Paperback | 340 pages
  • 189 x 246 x 18mm | 608g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236596749
  • 9781236596741