Fay v. Fay

Parke, J.,

filed a dissenting opinion as follows, in which Bond, C. J., and Johnson, J., concurred.

The decision on this record depends upon the effect to be given subsisting statutes of early legislative origin and judicial construction. By chapter 101 of the Acts of the General Assembly of 1798, an effort was made to amend and reduce into a harmonious system the laws and regulations concerning wills and the duties of executors, administrators, and guardians, and the rights of orphans and other representatives of deceased persons. The only provisions of this enactment which related to funds…