Wason v. Ranney

Heirs of Body — Life Estate — Remainder. In a deed of A. to B., habendum “to the said B. for the full term of his natural life, and after his death to the heirs of my [A.’s] body, to have and to hold to their use and behoof forever,” such heirs take as of the death of B., and B. takes only a life estate.

Writ of entry, dated March 10, 1896, to recover a parcel of land in Springfield. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandant by Graskill, J., to this court, on appeal, upon agreed facts, in substance as follows. On March 13, 1871, George T. Wason was the owner of the land in question, and on that day conveyed the same by quitclaim deed to his son, George E. W. Wason, reserving the right to occupy the premises for himself and family so long as he should desire so to do; habendum “ to the said George E. W. Wason for the full time of his natural life, and after his death to the heirs of my (George T. Wason’s) body, to have and to hold to their use and behoof forever.” George T. Wason at the time was twenty-five years old, his wife living, and George E. W. Wason his only child. George T. Wason continued to occupy the premises till he died, November 15, 1880, intestate, leaving-only one child and heir of his body, the said George E. W. Wason. George E. W. Wason then took possession of the premises, and enjoyed the rents and profits. In November, 1888, he mortgaged the premises to Jerome W. Hyde, and on May 15, 1889, the mortgage was duly assigned to the tenant. On December 19, 1889, George E. W. Wason, being in possession of the premises, conveyed the same by warranty deed to the tenant, who thereafter had possession and collected the rents and profits. George E. W. Wason died on February 11, 1893, leaving one child, Cecil W. Wason, the demandant. . The case was submitted on briefs to all the judges.