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It was an undoubted will, and in my father's own handwriting, and dated more than a year before he died and when I was rusticating from college. I thought I must needs sow my wild oats, and day after to-morrow I pay for them all by total beggary. The devisee, by the will, acted very strangely about the property. He did not disturb me for a very long time.
A man learned in the law was brought to the Hill, and Hester Le Moyne, in due form, by her last will and testament devised the plantation to her beloved son Hesden Le Moyne, and her affectionate cousin Hetty Lomax, jointly, and to their heirs forever, on condition that the said devisees should intermarry with each other within one year from the death of the devisor; and in case either of the said devisees should refuse to intermarry with the other, then the part of such devisee was to go to the other, who should thereafter hold the fee in severalty, free of all claim from the other.
Even if it has gone into the possession of an heir or devisee, the proper Probate Court can order its sale for this purpose, if it should appear on the allowance of the administration account to be necessary. The formal establishment or "probate" of a will does not affirm the validity of its provisions.
The counsel say that they might safely admit that Richard Crowninshield, Jr. was the perpetrator of this murder. But how could they safely admit that? If that were admitted, every thing else would follow. For why should Richard Crowninshield, Jr. kill Mr. White? He was not his heir, nor his devisee; nor was he his enemy. What could be his motive? If Richard Crowninshield, Jr. killed Mr.
Their reasoning was that "the devise is quasi an act of law, which shall inure without attornment, and shall make a sufficient privity, and so it may well be apportioned by this means." /1/ So it was said by Lord Ellenborough, in a case where a lessor and his heirs were entitled to terminate a lease on notice, that a devisee of the land as heres factus would be understood to have the same right. /2/
They, and they alone, would be supposed or seem to have a direct object for wishing Mr. White's life to be terminated. And, strange as it may seem, we find counsel now insisting, that, if no apology, it is yet mitigation of the atrocity of the Knapps' conduct in attempting to charge this foul murder on Mr. White, the nephew and principal devisee, that public suspicion was already so directed!
Where the land was devised by will, the analogy applied with peculiar ease. For although there is no difference in principle between a devise of a piece of land by will and a conveyance of it by deed, the dramatic resemblance of a devisee to an heir is stronger than that of a grantee. The English courts have occasionally used similar expressions.
What have you done, that you should be so deceived by this man? How can you save your father? If you cannot find that missing will, of what avail is this withdrawal of the mortgage?" "I do not know. Oh, Elmer! I am weak, and I have no mother, and father is I must save him if I can at any price." "You cannot save him. The devisee who held the will has heirs. They can still claim the property.
By equality, I do not understand anything more than equality before the law now, if the law had said that when the late Malbone Littlepage died, his farms should go not to his next of kin, or to his devisee, but to his neighbours, then that would have been the law to be obeyed, although it would be a law destructive of civilization, since men would never accumulate property to go to the public.
"'Secondly, I make and declare the following bequests or devises that is to say, I give and bequeath to of , all the real estate of which I may die seised, together with all the houses, tenements, hereditaments, and appurtenances thereunto belonging, and all my rights to the same, whether in law or equity, to be possessed and enjoyed by the said of in fee, by heirs, executors, administrators, or assigns, for ever. There are blanks for the name and description, as well as for the sex of the devisee," added the secretary.
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