Kemp v. Lewis

<p>1. A testator devised certain land to his son P., to be delivered to him on his arrival at age, “and not before, in fee simple. . . And after his death I give and bequeath said land to his children, and the issue of such of his children as may be dead, to be divided according to the present statute of distributions among his issue.” The son arrived at age and came into possession of the land devised, and during his lifetime conveyed a certain portion of it to L., and died leaving no children or the issue of children. After the' death of P. without children or the issue of children, the heirs at law of the testator brought ejectment against L., to recover the land conveyed. The trial judge, to whom the case was submitted under an agreed statement of facts, rendered judgment for the plaintiff for six sevenths of the land and for the defendant for one seventh; there being seven children of testator at the time of his death. Held, that this was error. On the death of P. without children and without issue of children, the land reverted to the estate of the testator.</p> <p>2. P. took nothing of the reversionary interest by inheritance, and L., holding under a conveyance from P. during his lifetime, took only an interest in the land conveyed during the life of P.</p>