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

1 Coke on Lit 18 V, 19 V chap 2 Seo 13. Provescation provenation

"Heirs of the body" are the aptist words to create an estate tail -- they are words of inheritance and procreation too, and are as necessary in a deed as is the word heir, but they are not needed " in last wills and testaments wherein greater "indulgence is allowed, an estate tail may be "created by a devise to a man and his heirs male, "or by other irregular modes of expression" or to a man and his posterity, or by any other words which show an intention to restrain the inheritance to the Descendants of of the Devisee.

"Of his bodie" "Those words are not so strictly required but they may be expressed by words that amount to as much."

In a will an estate tail may be created by less formal words than heirs of the body words denoting an intention to give an inheritance discendable to lineal to the exclusion of collaterals

2[nd]. Black Com. 115. 318v notes 6.Co.17. 1sn HBl 447

1sn. Coke on Lit. 20B. Sec 15 .2[nd]. Sanman on Wills 232