Doe v. Campbell

Indiana Supreme Court
Doe v. Campbell, 5 Blackf. 539 (Ind. 1841)

Doe v. Campbell

Opinion of the Court

EJECTMENT. The plaintiff’s l'essof- claimed the'premises as a devisee. The will, so far as concerns this case, was as follows: “I give and bequeath to my wif& Catharine all my- estate to be and remain hers ás long ,as she- remains my widow.” '. . . , . . “My desire is for my son Morgan (the plaintiff’s lessor) to have the" land situate in Wayne county (the property in dispute) whén, he- comes of age, if it remains in my wife’s hands till that time.” The widow sold the land in dispute to the defendant..’ - ’At the *540time of, such sale the plaintiff’s lessor was a minor, but he was of age when this suit was commenced. The widow continued unmarried.

Held, that supposing the last-named clause in the will operated as the devise of a legal interest to the plaintiff’s lessor, (a point not decided,) it did not assist his claim, he not having arrived at full age while the widow held the land; and that- by the widow’s conveyance, an interest in the land passed to the defendant which must defeat the claim of the plaintiff’s lessor, at least while the widow lives unmarried.

Reference

Full Case Name
Doe, on the Demise of Reese v. Campbell.—In error
Status
Published