New York Supreme Court April 3, 1848 (McLean v. Macdonald)

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United States · · · 03-04-1848

By the Court, Edmonds, J.

The devise to Hester Walgrove, giving to her the absolute disposal of the property devised, gave to her the fee. The limitation over after her death was not good as a contingent remainder; because such a remainder cannot be limited on a prior estate in fee simple absolute. (Pells v. Brown, Cro. Jac. 590. Preston v. Fennell, Willes, 164. 1 Sandf. Ch. Rep. 276.

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