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Fredrick Mcleod & Amos L. Dell vs. Philip Dell & W.M. Dell

Fredrick Mcleod & Amos L. Dell vs. Philip Dell & W.M. Dell

Lower Court

  • Alachua County

Date

  • 1861

Box

  • 473

Folder

  • 853

Transcript

BRIEF.

[top right]

FROM ALACHUA,

IN

SUPREME COURT,

FEBRUARY, 1851.

[top left]

FERDINAND McLEOD, Adm'r,

Vs.

PHILLIP DELL, Ex'r of

BENNET M. DELL, Deceased.

The devise in the will of Bennet M. Dell is substantially to Amos L. Dell, apparently for life, but in the same instrument there is a limitation over to his children, and in default of them to their children, and in default of them, then over to the children or children's children of the testator. Amos L. Dell was alive at the death of the testator, and had one child living then, and at the date of the will, who is now five years old. Amos L. Dell is dead.

The complainant insists that Amos L. Dell, as first taker, took the absolute estate.

1[st]. By the peculiar phraseology in the will.

Phraseology and limitation, which in their elucidation involves a discussion.

2[nd]. Of the doctrine of estates tail . 3[rd]. The rule in Shelley's case when applied to land, and the difference when applied to personalty.

4[th]. The rule in Wild's case.

5[th]. Perpetuities.

6[th]. The limitation over is too remote, and imports an indefinite failure of issue.

7[th]. Rules of construction.

8[th]. The doctrine of trusts.

9[th]. A Proviso to an absolute bequest is void.

10[th]. Jurisdiction of court as to five slaves.

11[th]. The doctrine of advancement in reference to five slaves.