Summary

Portrait of Noah Haynes Swayne Noah Haynes Swayne Lippincott v. Mitchell — Opinion of the Court

The omission can only be accounted for upon the hypothesis that the idea of a separate estate was not in the mind of either of the parties, and that hence no instruction upon the subject was given to the draftsman of the deed. There is nothing in the record to warrant the belief that the purchase and conveyance were not intended to be such a transaction in the ordinary way, without securing to the grantee any special rights touching the property, or any right other than that of the ownership in fee-simple.
Source: Wikisource

Portrait of Noah Haynes Swayne Noah Haynes Swayne Lippincott v. Mitchell — Opinion of the Court

If he survived her, and she died intestate, he was entitled, as distributee, to one-half of her personalty, and to the use and enjoyment of her real estate for life. If she survived him, the value of her separate estate was deducted from her distributive share of his personalty and her dower. But she could not mortgage the estate for her husband's benefit, and such mortgages were of no validity.
Source: Wikisource

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