John M. Avery, Appellant v. George Everett, Impleaded

Summary

The Court affirmed the lower court, holding that Charles H. Southwick received a vested remainder in fee subject to a condition subsequent of dying without children, and that his life‑sentence‑induced civil death did not divest his title, so Augustus Southwick had no present vested interest. The dissent argued that the statute making life convicts civilly dead should divest property rights.