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


or any particular event. An Executory devise upon any such an indefinite failure of issue is void, because it might [?] [?] property for generations

4[th] Kents Com 268

The intention generally is to give the property over to third parties only in the event of Son dying without family 16 Johns 401

Lord Chancellor Couper in Targett vs Grant. Gilberts Eq Rep 149. Said dying without issue had a two fold meaning, one dying without issue whenever such issue failed, the other dying without issue at date of death.

16 Johns 401

Lord Thurlow thought dying without issue meant for the remainder to pass whenever there was a failure of issue of the first taker.

There is not to be found in the Booke, and there are 57 cases, where dying without issue alone was held to be a definite failure.

Hardwicke and Mansfield so held

Anderson & Johnson 16[th] Rep & [?]409

In Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina acts have been passed making a dying without issue or failure of issue children