Massachusetts Supreme Judicial Court, 1810

Fisher v. Hill

Massachusetts Supreme Judicial Court · Decided October 15, 1810

7 Mass. 86

Cases that cite this one

3 later published cases cite this decision.

Lee v. Gay (Mass. 1892)
Rivenett v. Bourquin (Mich. 1884)
Estate of Pfuelb (California Superior Court, San Francisco County 1873)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

There can be no question but that this devise lapsed at the common law, by the death of the devisee before that of the testator. Our statute, of 1783, c. 24, § 8, only saves the devise, where the devisee dies leaving lineal descendants, who *74“ shall take the estate devised, in the same way and manner such devisee would have done in case he had survived the testator.” Such descendants are purchasers, and take by a sort of statute devise. But the devisee, in the case at bar, left no lineal descendants. The case is, therefore, not within the statute; and the demandant is of course entitled, as an heir at law of the testator, to the part of the estate he demands in his writ.

Tenant defaulted

Case-law data current through December 31, 2025. Source: CourtListener bulk data.