William Johnson

“ As it relates to the tenure by courtesy, the necessity of entry grew out of the rule, which invariably existed, that an entry must be made in order to vest a freehold; (Co. Lit. 51,) and out of that member of the definition of the tenure by courtesy, which requires that it should be inheritable by the issue. When a descent was cast, the entry of the mother was necessary, or the heir made title direct from the grandfather, or other person last seised.
But in Kentucky, we understand, the livery of seisin is unheard of. ”

“ What is decisive on this subject, is, that the first two codicils have no subscribing witness, distinct from the last;-and the name of M'Carty, the witness sworn, is subscribed to the second, or as the defendants contend it should be considered, to the third codicil. ”

“ These points being disposed of, it only remains to consider the questions raised upon the introduction of the will of George Mason jr. or rather of the codicil, under which the lessor of the plaintiffs makes title.
Under a law of the state of Kentucky, and the decision of their Courts upon it, a will with two witnesses, is sufficient to pass real estate; and the copy of such a will, duly proved and recorded in another state, is good evidence of the execution of the will. ”