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


Sisters part. B was not married when the will was made, C was, but it did not appear whether she had children or not. Held C took an estate tail. Nightingale vs Bernell

15 Pick.Map reports 104-115

A Tesator gives house &c to Mrs S S and her heirs if she has any child, if not, then after her death and that of her husband to T. M. SS had a child living at the date of the Will, but who died four days in life time of Testator. Held that SS took an estate tail

Doe Dim. Jeanand vs Barrister 7[th] 292

Webb vs Herrings 2 Cn Janus 413

It is admitted that in the English reports, the terms "Son" "issue" "and" "child" have been held to create an Estate tail oftener than the term "children" for the reason as is alleged that the former are "Nomen Collectivum," we insist that the term children is "Nomen Collectivum" in Florida where the law of primogeniture is abolished, and where children is used in our cannon of descent instead of issue in the English.

Thompsons Digest 188

2[nd] Black chap 14 page 208 (Cannons)