
    Elizabeth Fox versus Moses Fletcher.
    A devise of land to husband and wife creates a joint tenancy, notwithstanding the statute of 1785, c. 63.
    This was a real action, and came before the Court upon an agreed case to the following purport. — Stephen Russell, father of the demandant, being seised of the demanded premises in fee simple, on the 25th day of May, 1800, by his will duly executed, inter alla, devised as follows, viz.: “ I give unto my son-in-law Eliphalet Fox, and my daughter Elizabeth, his wife, three fourths of all my real estate, and three fourths of the thirds given to my wife, after her decease.” — The said Stephen Russell died, without altering or revoking his said will, which was duly proved on the 16th day of September, 1800. — The tenant claims under a conveyance in fee simple from the said Eliphalet Fox, who has since deceased. The demandant, who is the devisee named in the above devise, after the death of her said husband, entered upon the demanded premises, before the commencement of this action.
    
      Stearns for the demandant.
    
      Bigelow for the tenant.
   * The Court

observed that this case must be decided by that of Shaw & Al. vs. Hearsey & Al., and that the demandant was entitled to judgment upon the facts disclosed.

Bigelow agreed that the case should be discharged; that the tenant should plead the general issue, and upon the coming in of the jury suffer a verdict to pass against him. 
      
       5 Mass. Rep. 521.
      
     