Evans v. James. ( 1801 )

¿fall, Judge.._

Let the jury give a special verdict. — [They did so, and afterwards he delivered his opinion.^ — If the charge is saca that the devisee may sustain a less by paying it, supposing him to have a life estate only, he shall in such case takes a fee. Especially in a case like this, where intending an estate for life to the mother he expressly limits a life estate, which shews he knew hot? to limit for life when he intended it0