3 Day 332 | Conn. | 1809
The proceedings in the probate of ⅝ the will are conformable to the usage and practice of ‘that period; for the general assembly then exercised ex* ! tensive judicial power, especially in granting new trials, ! And it would be of dangerous consequence to set aside ! such ancient proceedings, because they do not appear to ; be conducted with all the regularity *f modern times.
Our courts have never adopted the fee conditional at common law, nor the statute of Westminster 2d, called the statute de donis; but from the principle, that the law abhors a perpetuity, they have decided, that a deed or devise, using words proper to create an estate in fee tail, should vest an estate in fee-simple in the issue of the*first donee in tail: And the statute on that subject has been considered to be in affirmance of the common law. *
New trial not to be granted.