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



Ferdinand M Lord Adm. of Amos L. Dell Deceased


Philip Dell Ex. Of Bennet M. Dell Deceased

[?] Alachua In Supreme Court February 1861

The devise in the will of Bennet M. Dell, is substantially To Amos L. Dell apparently for life, but in the same instrument there is a limitation over to his children and in default of them to their children & in default of them them over to the children, or children's children of the Testator. Amos L. Dell was alive at the death of the Testator and had one child living then, and at the date of the will, who is now five years old. Amos L. Dell is dead.

The complainant insists that Amos L. Dell as first taker took this absolute Estate.

1[st] By virtue of the peculiar phraseology in the will. Phraseology and limitations which in their [?] [?] involves a discussion of the doctrine of estates tail.

2nd The rule in Shellys case. When applied to land and the difference when applied to personalty.

3[rd] The rule in Wilds case

4[th] Perpetuities

5[th] The limitation over is too remote and imports an Indefinite failure of issue.