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dren, still had regard to representation. On a widow, the remainder created will be cona strict construction, perhaps, only children strued to vest immediately on testator's would take, but as it was used it included death in his surviving children, subject to the grandchildren of the deceased brother or the life estate of the testator's widow, so sister. Barstow v. Goodwin (N. Y.) 2 Bradf. as to give an interest to the son's widow. Sur. 413, 416, 417.
Knight v. Pottgieser, 52 N. E. 934, 935, 176
Ill. 368. As heir or next of kin.
Where a will devises to one a life estate, "Descendant,” as used in a bill to re with remainder “to his descendants, if any, strain the depredation of the graves, monu- in fee, according to the laws of descent and ments, etc., of plaintiff's ancestors, while an distribution," a mother and the brother and anytonym of "ancestor,” cannot be construed sister of the half blood of the devisee canas a synonym of "heir”; and therefore the not claim the remainder in fee as descendants allegation that the ancestors of the plaintiff and beirs at law of the devisee. Tichenor were buried in the yard could not be held to v. Brewers' Ex'r, 98 Ky. 349, 352, 33 S. W. be equivalent to an allegation that the plain. 86, 87 (quoting Webster, Rap. & L Law Dict., tiff's parents were buried, or that the plaintiff and Bouv. Dict.). was the heir of the persons buried. Mitchell v. Thorne, 32 N. E. 10, 12, 134 N. Y. 536, 30
As issue. Am. St. Rep. 699.
The term "descendants," used in speakChildren are, eo nomine, descendants, but ing of the descendants of a deceased person, descendants are not necessarily children. A means issue. Prettyman v. Conaway (Del.) descendant is a person who is descended from 32 Atl. 15, 17, 9 Houst. 221. another; that is, one who proceeds from the
A will provided that, on the death of body of another, however remotely, and includes every person descended from the one having a life interest in a trust fund,
the interest theretofore received by her stock referred to. It is coextensive with
should pass to her sister, “or to her de“issue,” but does not embrace others not of
scendants in case of her death.” Held, that issue, and is not to be understood as "next of kin," or "heirs at law,” for these phrases
the word “descendants” was the equivalent comprehend persons in the ascending as well of "issue,” and, being used with reference to as the descending line, and they also include personalty, was a word of purchase. In re
Waln's Estate, 42 Atl. 299, 300, 189 Pa. 631. collaterals; but it means the issue of the body of the person named, of every degree. The word "descendants," as used in a Bates v. Gillett, 24 N. E. 611, 612, 132 Ill. 287. provision of a will providing that if any of Testator's will directed a certain fund
said grandchildren shall die previous to the to be invested and held in trust for the main when I direct that such issue shall take the
decease of my daughter, leaving descendants, tenance and support of certain slaves and their descendants. Held, that the word “de
share to which their parents would have been scendants” was equivalent to "next of kin," entitled, said share to be received by said
grandchildren or their descendants free from or those who would take under the statute of distribution; and a contention that the any control or claim of any husband,” is word caused the creation of a perpetuity used interchangeably with “issue” as used in
such provision. Cochrane v. Kip, 46 N. Y. was without merit Walker v. Walker, 25 Ga. 420, 428.
Supp. 148, 152, 19 App. Div. 272. “Descendants," as used in a will, means As issue of any degree. the issue of the body of the person named Descendants are “those who have issued in every degree, as children, grandchildren, from an individual, including children, grandand great-grandchildren, and it does not in children, and their children to the remotest clude the next of kin as heirs of law gen-degree-issue of any degree.”
Huston v. erally, such as brothers and sisters. Hamlin Read, 32 N. J. Eq. (5 Stew.) 591, 599. “Dev. Osgood (N. Y.) 1 Redf. Sur. 409, 417.
scendants,” says Bouvier, "are those who Where a will provided that at the death have issued from an individual, and include of the testator's wife the estate should go dren to the remotest degree.” Bryan v. Wal
his children, grandchildren, and their chilto and be divided "amongst my children and their descendants,” the word "descendants” ton, 20 Ga. 480, 512; Bates v. Gillett, 24 N. will not be limited in meaning so as to in. E. 611, 112, 132 III. 287; Van Beuren v. clude only those persons who have proceeded Dash, 30 N. Y. 393, 415. in some degree from the body of a child of The word "descendants" used in a will the testator, so as to exclude from the de- does not mean next of kin or heirs generally, vise those who, though heirs at law of any but means the issue of the persons named, deceased child, were not the direct or re of every degree, as children, grandchildren, mote issue of such child; and hence where and great-grandchildren. Tompkins v. Verone of the children died prior to the death planck, 42 N. Y. Supp. 412, 415, 10 App. Div. of the testator's widow, leaving surviving 572.
Bouvier defines “descendants” as “those not the children alone of the beneficiary, and who have issued from an individual, and in therefore the will passes an estate tail, and cludes his children, grandchildren, and their not an executory devise. Holden v. Wells, 31 children to the remotest degree. The de- Atl. 265, 266, 18 R. I. 802. See, also, In re scendants form what is called the direct de Gormley's Estate, 25 Atl. 814, 815, 154 Pa. scending line.' The term is opposed to that of 378. 'ascendants.' Those who are denominated "descendants" do not comprise all of those
The word "descendants," as used in who come to the title by descent. Jewell v.
devise of a home to the testator's son and his Jewell, 28 Cal. 232, 236.
wife in trust, the purpose being to provide a
home for the family during the life of the son A “descendant" is one who descends as and his wife, “and of the survivor of them, offspring, however remotely; correlative to and at the death of the survivor to divide the "ancestor" or “ascendant.” The term includes trust fund among their descendants by the most remote lineal offspring, and is stocks,” is not synonymous with the word practically synonymous with “issue” in its | “children,” but the word “descendants” inlegal meaning; hence it excludes collateral cludes children, comprising issue of every relations, nor does it include relatives in the degree, and does not evince an intent that ascending line. The word "descendant,” in the remainder should vest at the death of section 13, c. 78, Code 1899, means one who the life tenant, rather than at the death of proceeds from the body of another, however the testator. Neilson v. Brett, 40 S. E. 32, remotely, and is coextensive with “issue,” 33, 99 Va. 673. but does not embrace others not of issue.Waldron v. Taylor, 45 S. E. 336, 338, 52 W. well as its legal sense, includes the issue of
"Descendants," in its ordinary sense as Va, 284.
the body of the testator of every degree, no "Descendants" does not mean "next of matter how remote. Consequently, as the kin” or “heirs at law” generally, as these numbers constituting the class of descendants terms comprehend those as well in the as- must vary according to the point of time at cending as in the descending line, and collat- which the determination is to be made, it erals; but it means—what the word obvi- becomes necessary to determine the period at ously imports—the issue of the body of which the testator intended that those who the person named of every degree, as chil- i then answered to the designation of descenddren, grandchildren, and great-grandchildren. ants would be entitled to receive the gift; Brothers and sisters cannot take under the and where, in a will, the word “descendants" term "descendants.” Hamlin v. Osgood (N. is used, and another clause provides that such Y.) 1 Redf. Sur, 409, 411,
descendants and the widow may sell real In Williams, Ex'rs, p. 376, it is said: property, and in still another provision the "Under this description is comprised every
word “descendants" is used synonymously individual proceeding from the stock or fam- with “children,” the word "descendants" will ily referred to by the testator.” In 2 Jarman, be construed to relate to the time of the
death of the testa tor. Wills, 632: “Descendants are issue of every
In re Collins, 24 N. degree.” And, where a legacy was left to the Y. Supp. 226, 228, 70 Hun, 273. descendants of F., the great-grandchildren
As issue of living person. were held entitled to share with the grandchildren. Levering v. Orrick, 54 Atl. 620,
The word “descendant,” according to its 622, 97 Md. 139 (citing Crossley v. Clare, Am- lexicographical and legal meaning, designates bler, 397).
the issue of a deceased person, and does not
describe the child of a parent who is still “Descendants," as used in Act 1850, de- living, the word being the correlative of “anfining the rights of husband and wife, section cestor”; but as used in a will giving a life 11, declaring that, on dissolution of the com- i estate to the testator's daughter, with power munity by the death of a husband, one-half to appoint it thereafter to her child or chilof the community property shall go to the dren, or his, her, or their descendant or de. surviving wife and the other half to the descendants, will be construed to embrace all scendants of the deceased husband, means all the persons in the line of descent from any persons who are children and grandchildren child or children of the daughter, whether of the ancestor, and their children to the re- living or dead. Hillen v. Iselin, 39 N. E. 368, motest degree. Jewell v. Jewell, 28 Cal. 232, 371, 144 N. Y. 365. 236.
As lineal descendant. The words "child, children or descendants," in a will in which testator devises land A "descendant," as usually understood, is to his daughter and her heirs and assigns an heir in the direct descending line. forever, providing that she dies leaving lineal Baker v. Baker, 74 Mass. (8 Gray) 101, it was heirs of her body, but, in case she dies leav- held that the word “descendants" in a will ing no "child, children, or descendants," the cannot be construed to include any but lineal lands shall go to others, shows that testator heirs, unless there are clear indications in had reference to descendants indefinitely, and the will of the testator's intention to extend
the meaning. Our laws of descent used the , vest in such child or children, descendant or words with the same signification. Thus, in descendants, from such devisee or legatee, Rev. St. 1881, $ 2469, it is provided that "e cannot be construed to include nephews and any intestate shall die without lawful issue, nieces of a testator, but only extends to the or their descendants, alive, one half the es-child, grandchildren, etc., who descend from tate sball go to the father and mother of bim in a direct line. Van Gieson v. Howard, such intestate as joint tenants, and the other 7 N. J. Eq. (3 Halst. Ch.) 462, 463. half to the brothers and sisters, and to the descendants of such as are dead, as tenants
As nearest descendants. in common." The word "descendant" in Rev.
St. 1857, § 1, declares that the estate of St. 1881, § 2571, reading, “Whenever any es- a deceased person shall go to those of a partate, real or personal, shall be devised to any ticular class and their descendants, and if descendant of a testator, and such devisee there be no descendants, then, etc. Held, shall die during the lifetime of the testator, that the word "descendants" as there used leaving a descendant who shall survive such meant descendants nearest in degree. Daboll testator, such devise shall not lapse, but the v. Field, 9 R. I. 266, 289. property so devised shall vest in the surviving descendant of the devisee as if such devi- As personal representative. see had survived the testator, or died intes
See "Personal Representative." tate," does not apply to a brother of a testator. It refers, we think, exclusively to a lineal descendant, as a child or grandchild.
DESCENDIBLE. West v. West, 89 Ind. 529, 631.
The word "descendible" and "devisable" “Descendant,” as used in 2 Rev. St. (30 are convertible terms, so that where a conEd.) p. 126, 8 44, providing that whenever tingent remainder is descendible it is also
devisa ble. Collins v. Smith, 31 S. E. 449, any estate, real or personal, shall be devised or bequeathed to a child or other descendant 451, 105 Ga. 525. of the testator, and such legatee or devisee shall die during the lifetime of the testator, DESCENT. leaving a child or other descendant who shall
See "Collateral Descent"; "Immediate survive such testator, such devise or legacy
Descent"; "Mediate Descent"; "Title shall not lapse, but the property shall vest
by Descent." in the surviving child or other descendant of
Descent, devise, or otherwise, see "Oththe legatee or devisee, means "lineal de
erwise." scendant,” and not any person upon whom property might descend, and is not equivalent “Descent" is the title whereby a person, to the term “relation.” It means direct lineal upon the death of his ancestor, acquires the descendants of the testator. Armstrong v. estate of the latter as his heir at law. Starr Moran (N. Y.) 1 Bradf. Sur. 314, 317.
v. Hamilton (U. S.) 22 Fe 1107, 1111 “Descendants," as used in Rev. St. 1879, (quoting Bouv. Law Dict.); Meadowcroft v. § 2190, giving a widow the right, when her Winnebago County, 54 N. E. 949, 950, 181 Ill. husband dies without a child or other de- 504; Bennet v. Hibbert, 55 N. W. 93, 96, 88 scendants in being capable of inheriting, in Iowa, 154; Springer & Taylor v. Fortune lieu of dower, to elect to take one-half of his (Ohio) 2 Handy, 52, 56; Barclay v. Cameron, property, means those who descend in a di- 25 Tex. 233, 242; Freeman v. Allen, 17 Ohio rect line from the husband, as children, St. 527, 530. grandchildren, etc., and does not apply to
"Property of lands by descent," says collateral or ancestral kinship. Webster de-Lord Bacon, “is where a man hath lands of fines "descendant” as “one who descends, as inheritance, and dieth not dispossessed of offspring, however remotely; correlative to them, but leaves it to go (as the law causeth "ancestor.'" Brawford v. Wolfe, 15 S. W. it) upon the heirs." This is called a “descent 426, 427, 103 Mo. 391.
in law.” Hamilton v. Homer, 46 Miss. 378, The word “descendants," when used in a 395. devise of property to testator's descendants,
Descent, or hereditary succession, 1s will only be construed to include lineal heirs, where the title to land which is acquired by unless it clearly appears from the will that the man on the death of his ancestor is estestator used the word in a different sense. tablished by right of representation as his Baker v. Baker, 74 Mass. (8 Gray) 101, 119.
heir at law. In re Donahue's Estate, 36 Cal. “Descendants," as used in Rev. St. p. 369, 329, 332 (citing Bl. Comm. 201, note 1). $ 22, providing that when any estate shall be
Descent is the process by which property devised or bequeathed to any other person, is passed from father to son, or from ancestor being a child or other descendant of the tes to descendant. Shippen v. Izard (Pa.) 1 Serg. tator, etc., and such devisee or legatee shall
& R. 222, 224. die during the life of the testator, leaving a child or children who shall survive the tes- Descent, in its common-law sense, means tator, the legacy shall not lapse, but shall | an estate which came to a person by law in
right of blood. Brower v. Hunt, 18 Ohio St. , the rule is to strike out of the will the par311, 338.
ticular devise to the heir, and then it, with
out that, he would take by descent exactly Descent is hereditary succession to an estate in realty. “Descent” usually applies to the same estate which the devise purports to the devolution of real estate. Adams v. Aker- give him, he is in by descent and not by lund, 168 Ill. 632, 639, 48 N. E. 454, 457 (cit
purchase." Springer v. Fortune (Ohio) 2 Cin.
R. 52, 55. ing Bouv. Law Dict.). The term "descent," as used in reference
Title is acquired by "descent" when the to the acquisition of title to real estate, tion of law. A title by devise is a title by
title is vested in a man by the single operameans the acquirement thereof by a man "from his ancestor without writing." Priest purchase, and not by descent. Allen v. Cummings (N. Y.) 20 Wend. 338, 349.
Bland, 33 N. E. 774, 134 Ind. 78. St. 1831, § 4, providing that, when any
Mediate and immediate distinguished. person shall die intestate, without issue, pos "According to the principles of the comsessed of a title to any real estate, by pur- mon law of England, as well as the act of chase with the estate of, or by "descent from descents of this state, descents are either linthe mother,” it shall go to a living brother oreal or collateral, and both may be either sister of the mother of such person, cannot be mediate or immediate. The immediate linconstrued to mean “descent from the mater- eal descent at common law is from the fanal grandfather,” or taking the share of the ther to his son; the immediate collateral de deceased parent. Case v. Wildridge, 4 Ind. scent is from one brother to another; the 51, 53.
mediate, when one derives his inheritable As used in St. 1822, providing that when blood to another by the medium of a third the title to any estate of inheritance, as to person; as in lineal descent, if a son claims which the person having such title shall die as heir to his grandfather or great-grandintestate, “came by descent, gift, or devise" father, it shall be mediante patre, though the from the parent or other kindred of the in- father be dead at the time of the descent; so testate, and should such intestate die within a collateral descent from a nephew to an out children such estate shall go to the kin uncle, or from an uncle to a nephew, it shall next to the intestate of the blood of the per- be made mediante patre.” Garner v. Wood, son from whom such estate ca me or descend-17 Atl. 1031, 1032, 71 Md. 37 (quoting Stew. ed, if any there be, means immediate descent, art’s Lessee v. Jones (Md.) 8 Gill & J. 1). gift, or devise, and makes the immediate ancestor, donor, or devisor the sole stock of de- immediate in regard to the mediate or im
A descent may be said to be mediate or scent. Gardner v. Collins, 27 U. S. (2 Pet.) mediate descent of the estate or right, or it 58, 85, 7 L. Ed. 347.
may be said to be mediate or immediate in
regard to the mediateness or immediateness Devise distinguished.
of the pedigrees or degrees of consanguinity. The word “descent," in its technical le- Thus a descent from a grandfather, who dies gal meaning, denotes the transmission of real in possession, to the grandchild, the father estate, or some interest therein, on the death being then dead, is in the former sense in law of the owner intestate, by inheritance, to an immediate descent. On the other hand, some person according to certain rules of with reference to the line of pedigree or conlaw. In such meaning it is distinguished sanguinity, a descent is often said to be imfrom “transmission by devise,” which is tech-mediate where the ancestor from whom the nically by purchase, and also from the trans- party derives his blood is immediate, and mission of personal property, the title of without any intervening link or degree, and which passes to the administrator, and, aftermediate when the kindred is derived from the payment of all debts and claims against him mediante altero, another ancestor interthe estate, is governed by certain rules of vening between them. Thus a descent in lin. distribution. Hudnall v. Ham, 49 N. E. 985, eals from father to son is in this sense im987, 172 III. 76.
mediate, but a descent from a grandfatber “ 'Descent signifies when lands had by to a grandson, the father being dead, or from right of blood fall onto any one after the uncle to nephew, the brother being dead, is death of his ancestors, or a descent is a means deemed mediate. Furenes v. Mickelson, 53 whereby only death derived him title to cer- / N. W. 416, 417, 86 Iowa, 508. tain lands. This is the noblest, worthiest means whereby lands are derived from one to
Transmission of personalty. another, because it is right, and vested by Descent is hereditary succession to an the act of law and right of blood unto the estate in realty. “Descent" usually applies worthiest and next of the blood and kin- | to the devolution of real estate. The word dred of the ancestor. If an estate is derived "inheritance” is often used synonymously even from a father in any other shape than with "descent,” and refers to the devolution the course of descent would take, it is taken of real property. Adams v. Akerlund. 48 N. by purchase and not by descent. The test of ) E. 454, 457, 168 III. 632.
As used in a statute providing that it merely a description, but an implied covenant shall be lawful for any married female to re- that there is such a street. It probably en. ceive by gift, grant, demise, bequest, or de tered into the consideration of the purchase. scent, and hold to her sole and separate use Parker v. Smith, 17 Mass. 413, 416, 9 Am. Dec. as if she were a single female, real and per- 157. sonal property, and the rents and issues and profits thereof, the word “descent" cannot be st. 1899, § 4241, providing that the auditor's
The term "description," as used in Ky. construed to apply to personal property, though it may be given that meaning some agent shall file in the clerk's office a statetimes to effectuate the intention. Its mean
ment containing a description and value of ing in this case would not be extended by the property to be assessed as omitted property, necessity of giving it some effect, for here does not require a particular description or the word applies to the real estate mentioned the exact amount of cash, notes, bonds, mortHorner v. Webster, 33 N. J. Law (4 Vroom) gages, choses in action, etc., that the owner
may bave in his possession or may have 387, 400.
had in the years past. The information on "Gift, devise, or descent” may be used in which the court is expected to act under this a will to indicate the manner of the devolu- law must be from the nature of the case tion of both the real and personal property, somewhat general. Commonwealth v. Color of personalty alone. Rountree v. Pursell, lins (Ky.) 72 S. W. 819, 820 (citing Common39 N. E. 747, 749, 11 Ind. App. 522.
wealth v. Singer Mfg. Co. (Ky.] 21 S. W. 354).
It is one of the essential elements in the DESCRIBE-DESCRIPTION.
description of real property in a conveyance
that it must be sufficiently certain to furnish See "Sufficient Description.”
the means for identification of the premises
intended to be conveyed. McRoberts v. McIn the statute relating to ejectmeat, and Arthur, 62 Minn. 310, 311, 64 N. W. 903. requiring the property to be described in the summons, the term "described" means the Insufficient description distinguished. same as “described with confident certainty,"
"Description," as used in the statute profor to “describe" a thing or place, and to “de- viding that parol testimony may be admitted scribe it with confident certainty," would for the purpose of fitting land to the descripseem to mean the same. Board of Education tion contained in a deed, means descriptions v. Crawford, 14 W. Va. 790, 803.
which are legal in themselves, but which, in “Description," within the meaning of the the absence of parol testimony, might be apmechanic's lien law requiring claimant to file plied to more than one piece of real estate. a true description of the property, means such Thus the court says: “The question is whetha statement as to its character as will not er the word 'description' is to be taken in its only identify the property with reasonable ordinary and legal signification—that is, a certainty as between the parties, but which description which has a legal susceptibility will be notice to strangers purchasing the of being aided by testimony so as to identify property, and relying on the face of the de the land-or whether it means a description scription in the claim for their notice. Me
which in law is no description whatever, 22 chanics’ Planing Mill v. Nast, 7 Mo. App. is sometimes called an "insufficient descrip147, 149.
tion,” the court holding itself unable to con
ceive of any principle on which the latter “Describing a way,” as used in Rev. St. proposition could be supported. Lowe v. c. 18, § 1, providing for the laying out of a Harris, 17 S. E. 539, 544, 112 N. C. 472, 22 bigbway by the county commissioners on L. R. A. 379. presentation of a petition describing a way, should be construed to mean a statement of As substantial representation. the places where the way is desired to com
In Act 1870, $ 24, providing that any permence and terminate, and its general course
son who has invented any new and usefni? between them. Hayford v. Aroostook Coun- art, machine, manufacture, or composition of ty Com’rs, 3 Atl. 51, 52, 78 Me. 153.
matter not known or used by others in this In an indictment for forgery, a descrip- country, and not patented or “described in tion, “the president, directors and company any printed publication” in this or any for of the Bank of St. Albans," as the party in- eign country before his invention or discovery tended to be defrauded, is a good description thereof, may obtain a patent therefor, “de. of an artificial person. State v. Phelps, 11 scribed” means such a description and drawVt. 116, 119, 34 Am. Dec. 672.
ings as contain and exhibit a substantial rep
resentation of the patented improvement in Wbere land is conveyed by a deed bound- such full, clear, and exact terms as to ening it on a way or street, by such description able any person skilled in the art or science the grantor and his heirs are estopped from to which it appertains to make, construct, denying that there is a street or way to the and practice the invention as they would be extent of the land on the side of which the enabled to do if information was derived street is described. Such conveyance is not from a prior patent. Downton . Yaeger
3 WDS. & P.-2