Talk:Thaw v. Falls

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Edition: Thaw v. Falls, half of lots 1 and 4, in square 160, in the city of Washington At the trial on the general issue, before Chief Justice CARTTER, the plaintiff introduced evidence that his father, Joseph Thaw, died in 1840, seised and possessed of these lots under a title derived from the United States, and leaving a will, dated February 26, 1840, and duly admitted to probate in the same year, which, omitting the formal commencement and conclusion, was as follows: 'Imprimis I hereby appoint and constitute my beloved wife, Eliza Van Tyler Thaw, to be the guardian of my two youngest children, to-wit my daughter Columbia Thaw, and my son Columbus Thaw, and to act in trust for them in all things as fully as I would do if living It em I give and bequeath to my said beloved wife, Eliza, all my property of every description, real and personal, to hold and enjoy during her natural life in trust for the equal benefit and maintenance of herself and of my daughter Columbia and of my son Columbus, the two children above named; and, if either of them shall die before arriving at the age of majority, then she is to hold the whole property as above for the equal benefit of hereself and the survivor of the two above-named children; or if both of the said children shall die before their mother, my said hold the said property wife, Eliza, shall hold the said property during her natural life for her sole own use and benefit; and in no case shall she, my beloved wife, Eliza, be deprived of the use of any part thereof during her natural life for the maintenance of hereself and of the two children aforesaid while they or either of them shall live, or of herself while she shall survive them both Item I give and bequeath to my two children above named, Columbia and Columbus, in equal parts, to their heirs and assigns, forever, all my estate, real and personal, that shall remain at and after the death of their mother, my said wife, Eliza: or if either of them shall not survive their mother, then I will that the surviving one shall have the whole Item If both of my said children shall die before their mother, then, on the demise of the last survivor of them, I give and bequeath to my beloved wife, Eliza, to her heirs and assigns, forever, for her own proper benefit, all my estate of every description I do, moreover, hereby constitute and appoint my beloved wife, Eliza Van Tyler Thaw, above named, the sole executrix of this, my last will and testament, and authorize her to administer and execute the same without giving security in any way whatever' .
Source: Thaw v. Falls from http://bulk.resource.org/courts.gov/c/US/136
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