Bissell v. Heyward
Supreme Court of the United States
Appeal from the Circuit Court of .the United States for the District of South Carolina. William C. Heyward, who was seised .in fee of certain lands in the State of South Carolina, made his last will’and testament, bearing date Jan. 20, 1852. . So much thereof as relates-to them is as follows: — “I give to my brother, Henry Heyward, of New York’-’ (here is a description of the lands), “for and during the term of his natural life, and, after the determination of .that estate,…
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Appeal from the Circuit Court of .the United States for the District of South Carolina. William C. Heyward, who was seised .in fee of certain lands in the State of South Carolina, made his last will’and testament, bearing date Jan. 20, 1852. . So much thereof as relates-to them is as follows: — “I give to my brother, Henry Heyward, of New York’-’ (here is a description of the lands), “for and during the term of his natural life, and, after the determination of .that estate, I give the same to my friend, William C. Bee, and his heirs, to prevent the contingent remainders hereinafter limited'…
1Opinion of the Court
Me. Justice Hunt,
after stating the .case, delivered the • opinion of the court.
It is objected that there is a fatal defect of parties complainant. The point of this objection is that Henry Heyward and William C. Bee- were not able together- to make a title that ought to be satisfactory to Bissell, and hence that-the decree should be reversed.
The will of William C. Heyward took effect only upon his death. Until the occurrence of that event, the devisees therein named had no more title to or interest in the property in question than if their names had not been mentioned in the will.. If he had…
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