James's Claim
Supreme Court of the United States
The ease was this : John Parrock was attainted of High Treason, and his estate seized and advertised for sale. Abel James filed a claim, according to the act of assembly, passed the 6th day of March 1778 (1 Sm.
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The ease was this : John Parrock was attainted of High Treason, and his estate seized and advertised for sale. Abel James filed a claim, according to the act of assembly, passed the 6th day of March 1778 (1 Sm. L. 457), in order to obtain a decree establishing his right, to what, he alleged, was a vested remainder in him, after the expiration of an estate for life, which, he contended,, was all that John Parrock was possessed of in the premises, and he never had any issue. * The question depended on the due construction of the following devise: — “ I devise the residue of my estate to John…
1Opinion of the Court
McKean, Chief Justice.
The remainder in fee of this estate is claimed by Abel James; who alleges that, whether the estate given to Parrock was for life, or in tail, he is entitled to a vested remainder in fee, which is not barred by the attainder of Parrock. The court, however, are of opinion, that the word “ issue ” in this case is a limitation, and that John Parrock took an estate-tail, under this devise. Probably, indeed, no more than an estate for life was intended to have been given to him, but the law supervenes that intention. There is a second intention, manifest in the will, which is…
2Cases cited4 opinions
- Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810
- Lessee of Haines v. WitmerSupreme Court of Pennsylvania · 1798
- Roe v. DavisSupreme Court of Pennsylvania · 1794
- Arnold v. HamerMississippi Chancery Courts · 1844
3Cited by3 opinions
- Respublica v. PowellSupreme Court of the United States · 1780
- Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
- Clark Estate, Pennsylvania Court of Common Pleas, Philadelphia County1976