DANIEL v. WHARTENBY


84 U.S. 639 (1873)

17 Wall. 639

DANIEL v. WHARTENBY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Reverdy Johnson, for the plaintiffs in error; Messrs. T.F. and J.A. Bayard, contra.


Mr. Justice SWAYNE stated the case and delivered the opinion of the court.

The premises in controversy were devised by the will of James Tibbitt. The case turns upon the construction and effect to be given to the following clause of that instrument:

"All the rest, residue, and remainder of my estate, both real and personal, of what kind and nature soever, I give, devise, and bequeath to my son, Richard Tibbitt, during his natural life, and after his death...

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