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De Vaughn Vs. Hutchinson
Cites for this judgment
- US Supreme Court
- Mar 01, 1897
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U.S. 566 (1897) U.S. Supreme Court De Vaughn v. HutchinsonSearch
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U.S. 566 (1897) De Vaughn v. HutchinsonSearch
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the parties lawfully entitled thereto as heirs at law of the said Samuel De Vaughn. To this bill appeared Benjamin D. v. MitchellSearch
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descent, alienation, and transfer, and for the effect and construction of wills and other conveyances. United States v. CrosbySearch
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Clark v. GrahamSearch
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Brine v. InsuranceSearch
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Maryland as part of the common law, and has been constantly recognized and enforced by the courts of that state. Horne v. LyethSearch
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Ware v. RichardsonSearch
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Shreve v. ShreveSearch
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Dickson v. SatterfieldSearch
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Holstead v. HallSearch
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and plain intent of the testator, the former must yield and the latter will prevail. Thus, in the case of Shreve v. ShreveSearch
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it is to them and their heirs forever. Now in the well known case of Luddington v. KimeSearch
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The court in Shreve v. ShreveSearch
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took notice of the fact that the case of Luddington v. KimeSearch
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do not appear to have been adopted by the most recent English decisions, for in Golder v. CroppSearch
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So, in the still more recent case of Bradley v. CortwrightSearch
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It may be, as stated by Mr. Powell, that subsequent decisions in England have in effect overruled Luddington v. KimeSearch
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of the rule. 4 Kent's Com. 221. It meets an approving reference in the very able opinion of Yeates, J., in Findlay v. RiddleSearch
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But that is more important to the decision of this case is the fact that the doctrine of Luddington v. KimeSearch
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U. S. 573 similar cases has been repeatedly recognized and approved by the courts of this state. Thus, in Horne v. LyethSearch
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Again, in Lyles v. DiggsSearch
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H. & J. 373, we find approval of Backhouse v. WellsSearch
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In Chilton v. HendersonSearch
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opinion prepared by Judge Magruder in that case, which Page 165 U. S. 574 is reported in a note to Simpers v. SimpersSearch
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the word 'issue' will in that case be construed to be a word of purchase, which is the doctrine of Luddington v. KimeSearch
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After this repeated and recent recognition by our predecessors of this rule of construction derived from Luddington v. KimeSearch
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We have extracted such large portions of the opinion in this case of Shreve v. ShreveSearch
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in Martha Ann Mitchell, and an estate in fee in the heirs of her body begotten. It is true that the words in Shreve v. ShreveSearch
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were issue lawfully begotten, but the case of Horne v. LytheSearch
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were similarly construed. In Clark v. SmithSearch
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words, it is made perfectly plain that the testator meant otherwise. Or, to use the language of Lord Eldon in Wright v. JessonSearch
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been fully recognized and applied in numerous cases. This will clearly appear upon examination of the cases of Horne v. LyethSearch
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Chelton v. HendersonSearch
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Fallon v. HarmanSearch
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Md. 263, and Clark v. SmithSearch
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The case of Daniel v. WhartenbySearch
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We agree with the court below that the reasoning of the case of Daniel v. WhartenbySearch
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as declaratory only of the law of Delaware, its principles were followed and applied in the subsequent case of Green v. GreenSearch
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the construction of a conveyance of lands situated in the District of Columbia, and where the cases of Daniel v. WhartenbySearch
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supra, Page 165 U. S. 578 and Ware v. RichardsonSearch
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U.S. Supreme Court De Vaughn v. HutchinsonSearch
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Benjamin D. v. MitchellSearch
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Horne v. LyethSearch
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of Shreve v. ShreveSearch
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of Luddington v. KimeSearch
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Golder v. CroppSearch
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of Bradley v. CortwrightSearch
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