1787.
The implications contended for, on the part of the Plaintiff, in this case, do not appear to me to be necessary implications; they amount at most to probable ones; but we are not warranted in departing from the rules of law by probable conjectures.—And, it may be questioned, whether even these probabilities, are not overbalanced by the presumptions arising from the devise of his house and plantation to his son Isaac Busby in which he carefully and formally inserts an habendum to him, his heirs and assigns for ever: And also by his adding to the devise of the land in controversy, that it should be in lieu of her dower or thirds of his estate; it being well known in the country that such dower or thirds of land is only during life.
We are, therefore, of opinion that Mary Busby took only an estate for life by the devise.
Judgment for the Defendant.
Supreme
