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


An Executory Devise and perpetuity more repugnant in a free state than an estate tail; because they include every spesies of property.

Anderson vs Jackson 16 Johns 418

These devises suspends power of alienation and ownership till contingency is determined in the very moment and by the death of child -- disables from disposing in the courseof long life for education or support of self on offspring.

"And I should think that sound policy, (and the very policy that dedicated the act abolishing entails) would lead us not to give an encouragement to the doctrine of Executing Devises"

Upon failure of children of any of my children or their children -- then over


"A definite failure of issue is, where a precise "time is fixed by the will for the failure of "issue as in the case of a devise to it, but if he "dies without lawful issue living at the time of "his death" then over.

An indefinite failure of issue is just the converse, it means the period when the issue or descendants of the first taker shalt become extinct without reference to any particular time