Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 13

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 13

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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. 1860 edition. Excerpt: ...If the said Phineas Cassiday shall refuse or neglect to do all or any of the above-named items, that then my executors sell all my real and personal property so devised to him, at one year's credit, and pay him, Phineas, 1,000 dollars out of the same, and divide the residue among my living children." Heaton never assumed the duties of executor under the will; nor does it appear that he ever qualified himself to act in that capacity. The real estate devised to Phineas Cassiday, is the land in contest. Sarah Me Cray, the decedent's widow, died in June, 1851; and in November of that year, John Mc Cray, as executor, &;c., sold and conveyed the premises to the plaintiffs. The defendant is in-possession, and claims title under a deed from Phineas Cassiday, bearing date January 27, 1852. i The devise to Phineas Cassiday was plainly upon conditions subsequent, and the estate vested in him immediately upon the death of the devisor, in virtue of the devise, to be defeated, however, if he refused or neglected to perform, any of the conditions specified in the will. Upon such refusal or neglect, power was given the executors to sell the land in question; and, as the.plaintiffs claim under that power, it was incumbent on them. to prove that the conditions, or some one of them, had been broken by the NW Tenn, devisee. Doe v. Cassiday, 9 Ind. R. 63. Whether the 1859' plaintiffs have or have not made-such proof, was for the PETR0 consideration of the jury, and is really the only question in 0A5;D"_ the case. The record contains the evidence. It shows that Phineas Cassiday did not provide for and maintain Sarah 1lIcC/ray, the decedent's widow, in accordance with the conditions of the will. But there was evidence tending more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236801261
  • 9781236801265