Florida Reports Volume 7

Florida Reports Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...there being no distinction pointed out in the words of the Act, between those cases and that of descents, the very juxta-position of the words affords a strong presumption that the Legislature intended to apply the same rule as to all. If the object was to regard the blood of the party from whom the estate was derived, what reason is there to suppose that the Legislature intended less regard to the blood of a devisor or donor than to that of an ancestor? The mischief might be as great in suffering the estate to pass into the hands of strangers, when there were next of kin of the blood in the one case as in the other." The decision in this case is so strongly in point, and so directly applicable to the question now under consideration, that if it be based upon sound reason and law, as we think it is, its authority cannot be easily denied or resisted. It is becoming here to remark, .that the case of Stewart vs. Jones, 8 Gill. and Johnson Rep. 1-, cited and relied on by the defendants, does indeed decide that mediate descents are embraced in the act of descents of Maryland, of 1786, but it is to be observed that the Maryland statute employs the words, "estate descended to the intestate on the part of the father," while our statute employs the terms "descent from the father." So it may be very well conceded that the case of Stewart and Jones affords a sound construction of the statute of descents in Maryland, while the case of Gardner /vs. Collins may be considered as affording a safe and satisfactory rule for the construction of our statute of descents. ' For the reasons above set forth, we are of the opinion that the words "descent from the father," as employed in--our statute of descents, must be...show more

Product details

  • Paperback | 108 pages
  • 189 x 246 x 6mm | 209g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236982886
  • 9781236982889