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

The rule in Wilds Case

Where lands are devised to a person and his children and he has no child at the time of the devise, the parent takes an estate tail.

Wilds Case C Rep 17

Davis vs Broadhurst Doug 321

Broadhurst vs Morris Dorig 421

Where an estate is given to R or his children and he has children but not grandchildren, It was held by Wild Judge that R took an estate tail; otherwise the devise to the great grandchildren would have been void.

10[th] Metcalfe 502

A devise to J for life then to her daughter B and her children. B had one child at the time and others afterwards, held the after born took a fee equally with the others.

2 Iarman on Wills 312

"Perpetuities"

"That perpetuities and monopolies are contrary "to the genius of a free State, and ought not "to be allowed" - Thompsons Digest 3 Sec 214.

The rule against perpetuities in England is life or lives in being & 21 years gestation allowed when needed.

7[th]. Bligh NS 202