Blackman v. Fysh
Supreme Court of Judicature
3 Ch. 100 (1892)
- Written by Sean Carroll, JD
Facts
James Henry Fysh’s will left property to his son as a life estate. The will provided that upon Fysh’s son’s death, the property would go to “all and every” child of his son who lived to 21 years old, or any of his son’s daughters who married before reaching 21. The will further provided that Fysh’s son could not sell, mortgage, lose to a creditor, or otherwise dispose of the property, and that if he attempted to do so, his interest would immediately terminate, with the estate then going to the son’s children (grandchildren) as if the son had died. The trial court held that all of Fysh’s grandchildren who reached age 21 would take an interest in the property regardless of whether they turned 21 prior to or after the son’s death.
Rule of Law
Issue
Holding and Reasoning (Lindley, J.)
Concurrence (Smith, J.)
Concurrence (Lopes, J.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
