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Thomas E. Boswell's Lessee v Lucius B. Otis et al was a case heard by the US Supreme Court in 1850. The dispute arose when Thomas E. Boswell, as lessee of certain lands, brought suit against Lucius B. Otis and others for possession of those lands which had been granted to Rodolphus Dickinson by the Commonwealth of Virginia prior to his death in 1837, leaving behind seven minor children and a widow who were all defendants in this case along with their guardian and next friend L O Rawson . The court ultimately held that under Virginia law at the time, title passed from Rodolphus Dickinson directly to his heirs upon his death without any need for probate proceedings or administration on behalf of the estate; thus granting them full right to possess these lands despite Mr Boswell's lease agreement with him before he died.
In Thomas E. Boswell's Lessee v. Lucius B. Otis, the Supreme Court was tasked with deciding whether a deed of trust created by Rodolphus Dickinson in 1845 was valid and enforceable against his heirs after his death in 1847. The majority opinion held that the deed of trust was not binding on Dickinson’s heirs because it had been executed without consideration or any other form of legal obligation to support its validity; thus, it could not be enforced against them as they were not parties to the agreement nor did they receive any benefit from it. In dissent, Justice McLean argued that although there may have been no consideration for the deed itself, there had clearly been some sort of exchange between Dickinson and Boswell prior to execution which should be sufficient enough to make the instrument legally binding upon all parties involved including Dickinson’s heirs who would otherwise suffer an injustice if denied their rightful inheritance due solely to technicalities surrounding its creation.