Page:United States Reports, Volume 1.djvu/239

228 

1787.

The implications contended for, on the part of the Plaintiff, in this cafe, do not appear to me to be neceʃʃary implications ; they amount at moft to probable ones ; but we are not warranted in departing from the rules of law by probable conjectures.–And, it may be queftioned, whether even thefe probabilities, are not overbalanced by the prefumptions arifing from the devife of his houfe and plantation to his fon Iʃaac Buʃby in which he carefully and formally inferts an habendum to him, his heirs and aʃʃignsƒor ever : And alfo by his adding to the devife of the land in controverfy, that it fhould be in lieu oƒ her dower or thirds  of his eftate ; it being well known in the country that fuch dower or thirds of land is only during life.

We are, therefore, of opinion that Mary Buʃby took only an eftate for life by the devife.

Judgment for the Defendant. SUPREME