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


Children has received an interpretation beyond its obvious meaning, and is Nomen Collectivum or Synonimous with issue or descendants, and creates an estate tail.

2[nd] Jarman on Wills 73 & onward

The act of 1829 having abolished Estates tail and converted them into fee Simple. The fee Simple is vested in Amos L Dell the first taker. If that is not so, then we maintain that he is entitled to the Estate by virtue of the rule in Shelly's Case.

"Where the ancestor by way of gift or conveyance "takes an estate of freehold, and in the same "gift or conveyance an estate is limited mediately "or immediately to his heirs in fee or in tail, "that always in such cases the heirs are "words of limitation and not of purchase.

2[nd] Black Com 172 1 Coke 104

"When a person takes an estate of freehold legally "or equitably under a deed, will, or other writing "and in the same instrument there is a limitation "by way of remainder either with or without "the interposition of another estate, of an interest of the "Same legal or equitable quality to his heirs or heirs of "his body as a class of persons to take in Succession "the limitation to the heirs entitles the ancestor to the whole "estate" 4[th]. Kent 20C 1sn. Preston 263