STORY, J. (after stating the facts of the case,) delivered the opinion of the Court as follows:
It is true, that the general rule is, that an heir shall not take by devise, when he may take the same estate in the land by descent. 1 Roll. Abr. 626. l. 30. Hob. 30. 1 Salk. 242. 1 Bl. Rep. 22.
But it...
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