26 Conn. 4 | Conn. | 1857
Elbridge Cutler, by his will, devised the premises in question to the defendant, in trust for his daughter, Jane M. Cutler, who has since deceased, and by her will devised all her estate to the plaintiff. The words of the will of Elbridge Cutler, so far as this property is concerned, are, “ Furthermore, I give to my son, William Cutler, in trust for her, the said Jane M. Cutler, and her heirs, store No. 94, and lot, in my block of buildings on State street, in the city of Hartford, for her and her heirs’ sole use and benefit;” and it is made a question by the defendant, whether these words gave the daughter an equitable fee, which she could dispose of by will, or only a life estate, which left the property on her death to pass, under the will of her father, to her daughter, for whose benefit the defendant now claims to hold it. The rule in Shelley’s case would undoubtedly give to the daughter an equitable fee; as, however, that rule has been abolished in Connecticut, it becomes a mere question of intention, whether Elbridge Cutler designed by the words “for her and her heirs’ sole use and benefit,” that her heirs should take the estate as purchasers under his will, or only that they should take it as descendants from his daughter. But the word “ heirs” in this will is used very much as it is used in our ordinary deeds of conveyance, where the only object is so to limit the estate as to convey the fee, instead of a life estate merely, and we suppose there is no doubt that this is the ordinary object of the
In this opinion the other judges concurred.
Decree for petitioner advised.