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action ademption adopted adverse possession affirmed agreement alleged appellant appellee applied assigns authority benefit building cited claim clause common law condition continued contract conveyance conveyed covenant created death deceased decedent decree deed defendant delivery devise doctrine dower easement effect entitled equity evidence executed executors fact fee simple fee simple absolute fee tail feoffment fraud future interests gift grant grantor heirs held hold husband instrument intention judgment jury land lease legacy lessee lessor license lien limitation Marengo Cave ment mortgage opinion owner ownership parties person plaintiff premises present privilege probate purchaser purpose question real estate Real Property reason remainder remainderman rent restrictions restrictive covenant revocation rule rule against perpetuities seisin servient estate statute Statute of Frauds supra Supreme Court taxes tenant term testamentary testator's testatrix thereof tion transfer trust valid vested wife witnesses words