Benjamin Robbins Curtis

“ No real or mixed action for the recovery of any lands in this State shall be commenced or maintained against any person in possession of such lands, where such person, or those under whom he claims, have been in actual possession for more than forty years, and claiming to hold the same in his or their own right, and which possession shall have been adverse, open, peaceable, notorious, and exclusive. ”

“ To the use of my son, Richard Vassall, for and during his life, and from and after the determination of that estate by forfeiture, or otherwise, during his life, to the use of the three trustees during the life of Richard Vassall, in trust to preserve the contingent uses and estates thereinafter mentioned, and for that purpose to make entries and bring actions as occasion shall require, but nevertheless to permit Richard Vassall to take the rents of the premises to his own use during his life. ”

“ Testator recommends that trustees should appoint his son Richard manager, at their discretion. They are to approve marriage jointures-assumes that money will pass through their hands-they may deduct and retain; discretion as to time of paying 10,000-gives L. Falmouth 100 guineas for a ring; the other 50 cash for same purpose. Record, 29.
6th. The imbecility of testator's son Richard and the infancy of his granddaughter Elizabeth is a sufficient reason why he should devise the legal estate to trustees ”

“ It is agreed that the persons named in said will, or devises in remainder, after the failure of issue of Elizabeth Vassal, or their lineal descendants, are now living.
4th. Trustees must hold the legal estate, as long as any of the remainders are outstanding; repetition of devise to same trustees to preserve six now unexecuted remainders, Jar. 222.
5th. Necessary that the trustees should hold the legal estate for other purposes, viz., out of the rents and profits &c., they were to purchase negroes, cattle and stock, and other utensils. ”

“ The result of the decision is, that the constitution of the State has secured to every citizen the right of 'acquiring, possessing, and enjoying property;' and that, by the true intent and meaning of this section, property cannot, by a mere act of the legislature, be taken from one man and vested in another directly ”

“ A devise to the trustees and their heirs to the uses mentioned, carries the legal estate to the cestuis que use, unless the will has imposed on the trustees some duty, the performance of which requires the legal estate to be vested in them. ”