Barnes's Lessee v. Irwin
Supreme Court of the United States
THIS cause was argued upon a cafe stated, which included the following facts. The plaintiff was heir at law for one moiety of the real estate of Margaret Henderson, who died seized of the premises in question.
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THIS cause was argued upon a cafe stated, which included the following facts. The plaintiff was heir at law for one moiety of the real estate of Margaret Henderson, who died seized of the premises in question. Previous to her marriage with Mathias Henderson, articles of agreement dated the 29th of June, 1794, were executed between them, and a third person; by which Matthew Henderson, covenanted, that the real estate belonging to her, should be to their joint use during the marriage; but that Mrs. Henderson should have full power to dispose of it by Deed, or Will, during coverture. They had no…
1Opinion of the Court
2 U.S. 199 (____)
2 Dall. 199
BARNES'S Lessee,
versus
IRWIN, et al.
Supreme Court of United States.
The case was argued on the 19th of January, 1792, by Bankson and Rawle for the plaintiff, and Wilcocks and Serjeant for the defendants.
THE COURT then desired the following points might be further considered.
1st. How far the case of Rippin v. Dawdin, is shaken by Hodsdon v. Lloyd. 2 Brown. Ch. Ca. 544.
2d. How far the difference between a devise to children as in Rippin v. Dawdin, and a devise to Nephews, &c. as in this case, may operate 1 Cha. Ca. 247. 2 Br. Ch. 380.
3d. Whether these articles can…
2Cases cited1 opinion
- Barnes's Lessee v. IrwinSupreme Court of the United States · 1793