Aspden's Estate
United States Circuit Court
In equity. By the eleventh section of a Pennsylvania statute of 1794, directing the descents of intestates’ real estate in that commonwealth, it is enacted, as set forth in the left hand column below; and by the seventh section of an act of 1797, entitled an act supplementary to the former one,—the preamble to one section of which says, “And whereas the provisions of the act to which this act is a supplement, appear to be incomplete,”—it is enacted as set forth in the right…
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In equity. By the eleventh section of a Pennsylvania statute of 1794, directing the descents of intestates’ real estate in that commonwealth, it is enacted, as set forth in the left hand column below; and by the seventh section of an act of 1797, entitled an act supplementary to the former one,—the preamble to one section of which says, “And whereas the provisions of the act to which this act is a supplement, appear to be incomplete,”—it is enacted as set forth in the right hand column below. The two acts form a scheme of descents. The latter act nowhere In terms repeals any part of the…
1Opinion of the Court
GRIER, Circuit Justice.
This case has been learnedly, laboriously and on some points *57very ably argued, and we congratulate tbe parties and the counsel that, after twenty-two years of litigation, there is now a prospect that, in three or four years at farthest, those who are entitled to the large estate in suit, will be permitted to enjoy it, and that those who are not, will cease to indulge in vain hopes respecting it.
The first question for our decision, is whether the 11th section of the act of 1794 has been repealed by the 7th section of the act of 4th April, 1797. If so, then all other…
2Cases cited4 opinions
- French v. M'IlhennySupreme Court of Pennsylvania · 1809
- Ruston v. RustonSupreme Court of Pennsylvania · 1796
- Cresoe v. LaidleySupreme Court of Pennsylvania · 1810
- Lessee of Jenks v. BackhouseSupreme Court of Pennsylvania · 1803
3Cited by4 opinions
- Merrill v. PrestonMassachusetts Supreme Judicial Court · 1883
- Rodarmel v. GwinnupIndiana Court of Appeals · 1930
- Clark v. ScottSupreme Court of Pennsylvania · 1871
- In re BartlesNew Jersey Court of Chancery · 1880