Lambert's Lessee v. Paine
7 U.S. 97 (1805)

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U.S. Supreme Court

Lambert's Lessee v. Paine, 7 U.S. 3 Cranch 97 97 (1805)

Lambert's Lessee v. Paine

7 U.S. (3 Cranch) 97

Syllabus

A devise of "all the estate called Marrowbone, in the County of Henry, containing by estimation 2,585 acres of land," carries the fee.

This was an ejectment brought in the Circuit Court of the United States for the Middle Circuit in the Virginia District in which John Doe, a subject of the King of Great Britain residing without the State of Virginia, lessee of John Lambert, another subject of the King of Great Britain, complains of Richard Roe, a citizen of Virginia, residing within the said state, and claims possession of a messuage and tenement containing 156 acres of land in the County of Henry, being part of a tract of land called Marrowbone.

The jury found the following special verdict, viz.,

"That George Harmer, being seized in fee of the lands in the declaration mentioned, on 25 June, 1782, made a paper writing, purporting to be his last will and testament, all written with his proper hand and signed by him, which will we find in these words"

" In the name of God, Amen. I, George Harmer, of the Commonwealth of Virginia, being perfectly well and of sound mind and memory, do make and ordain my last will and testament in manner and form following, that is to say all the estate, both real and personal, that I possess or am entitled to in the Commonwealth of Virginia I hereby give and devise unto my friend Thomas Mann Randolph of Tuckabo, and Henry Tazewell, of the City of Williamsburgh, in trust, upon these conditions that when John Harmer, my brother, now a subject of the King of Great Britain, shall be capable of acquiring property in this country, that they or the survivor of them do convey or cause to be conveyed to him in fee simple a good and indefeasible title in the said estate, and in case the said John Harmer should not be capable of acquiring such right before his death, then that my said trustees or the survivor of them do convey the said estate in manner aforesaid to John Lambert, son of my sister, Hannah Lambert, when he shall be capable of acquiring property in this country, and in case John Lambert should not, before his death, be capable of acquiring a title to the said estate, then I direct the same to be conveyed

Page 7 U. S. 98

to my sister, Hannah Lambert, if she, in her lifetime, can acquire property in this country."

" But if the said John Harmer, John Lambert and Hannah Lambert should all die before they can acquire property legally in this country, then I desire that my trustees aforesaid may cause the said estate of every kind to be sold, and the money arising from each sale, together with intermediate profits of the said estate shall be by them remitted to the mayor and corporation of the City of Bristol in England, to be by them distributed according to the laws of England to the right heirs of my said sister, Hannah Lambert, to whom I hereby give all such money, excepting the sum of

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