Waring v. Jackson,
26 U.S. 570 (1828)

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U.S. Supreme Court

Waring v. Jackson, 26 U.S. 1 Pet. 570 570 (1828)

Waring v. Jackson

26 U.S. (1 Pet.) 570


The testator devised to his son Joseph Eden certain portions of his estate in New York, among which were the premises sought to be recovered in this suit, to him, his heirs, executors and administrators forever. In like manner, he devised to his son Medcef, his heirs and assigns, certain other portions of his property, and adds the following clause:

"It is my will and I do order and appoint that if either of my said sons should depart this life without lawful issue, his share or part shall go to the survivor. And in case of both their deaths without lawful issue, I give all the property aforesaid to my brother John Eden, of Lofters, in Cleveland in Yorkshire, and my sister Hannah Johnson of Whitby in Yorkshire, and their heirs."

Medcef Eden died without issue, having devised his estate to his widow and other devisees named in his will. According to the established law of New York, nothing passed under the ulterior devise over to, John Eden and Hannah Johnson; Medcef Eden, on the death of his brother Joseph Eden, became seized of an estate in fee simple absolute.

Adverse possession taken and held under a sheriff's sale by virtue of judgments and executions against Joseph Eden will not, according to the decisions of the courts of New York, prevent the operation of a devise by another in whom the title to the estate was vested by the death of the defendant in the executions.

It has been the uniform course of this Court with respect to titles to real property to apply the same rule that is applied by the state tribunals in like cases.

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