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

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

Lower Court

  • Alachua County


  • 1861


  • 473


  • 853


Have we? Can we adopt this rule in the truth of Constitution, or shall we adopt the ruling which declares Executory devises to be perpetuities as far as they go.

1 Salk 229. 12 Mad Rep 273.

Chancellor Kent Says 4 Com 261 Note 10 Johns Rep 17.

In those states, where there are no fines or recoveries the Executory Devise is a perpetuity so far as it goes. It is inalienable, cannot be barred by fines or recoveries. The ultimate Devisee takes under the will, despite & independent of first taker, which raises the doctrine of Statute De Donis. A remainder in a chattel cannot be limited by remainder, first taker takes all. Negroes personalty, land to be sold, [?] this is an Executory Devise -- subject to rule against perpetuities. Great grandchildren cannot take as immediate devises, because they were not in rerum natura. They cannot take in remainder for the gift is immediate, and the interest of Testator is manifest and certain. Great Grandchildren should take & in default then over-[?] Executroy Devise & perpetuity.

Wilds Case C Rep 17.