Wood v. McGuire

Summary

The court addresses what constitutes possession of real estate beyond possession implied by documentary title or enclosure, requiring residence, cultivation, or positive, definite, and notorious acts of ownership. It also discusses the effect of admissions by a predecessor in title and excludes hearsay testimony regarding an alleged sale. The court further holds that a testamentary bequest to the children of Milly McGuire vested only in children alive at the testator's death, requiring a new trial because some plaintiffs were not then living.

Holdings

1. Possession must consist of residence on the land by the claimant, servants, or agents accompanied by acts of ownership; cultivation of part of the land accompanied by acts of ownership over the remainder; or positive, definite, and notorious acts of ownership demonstrating the character and extent of the claim. Mere residence near the land and a generally recognized claim, without acts or indicia of ownership, is insufficient.
2. A party deriving title mediately or immediately from another is bound by admissions made against the title by that predecessor while the predecessor held title. The admissions were nevertheless not properly usable here because the record did not show that the defendants derived title through McGuire.
3. Testimony that a witness understood that the claimant had sold the land was hearsay and was erroneously admitted.
4. A devise to “Milly McGuire's children, their heirs and assigns, forever” vested the property in the children who were in esse at the testator's death; the four plaintiffs born after the testator's death were not entitled to recover.

Questions Presented

1. What acts are sufficient to constitute possession of real estate when possession is not implied from documentary title and the land is not enclosed?
2. Whether a successor in title is bound by admissions made by a predecessor while the predecessor held title.
3. Whether testimony that a witness understood that the claimant had sold the land was inadmissible hearsay.
4. Whether a devise to “Milly McGuire's children, their heirs and assigns, forever” vested title in children born after the testator's death.

Disposition

reversed_and_remanded