Finlay v. King's Lessee
Supreme Court of the United States
ERROR to the. district court of the United States for the western district of Virginia. This was an ejectment brought in the district court of the western .district of Virginia,'and the question involved in the suit was the cohstruction to be given to the will of William King, deceased, formerly of Washington county in Virginia.
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ERROR to the. district court of the United States for the western district of Virginia. This was an ejectment brought in the district court of the western .district of Virginia,'and the question involved in the suit was the cohstruction to be given to the will of William King, deceased, formerly of Washington county in Virginia. The cause was argued in the court below, on the following case agreed; and the judgment of that court being in favour of the defendant in error, the plaintiffs, brought the case into this court. .The following is the case: agreed We agree that William King departed…
1Opinion of the CourtChief Justice Marshall
This is a writ of .error brought to a. judgment rendered in an ejectment by thepourt of .the United, States, for the Western district of.Virginia. The.judgment was pronounced on a case agreed. Three.questions have been made at the bar:
T. Is the condition on .which the.testator -has devised his real estate in trust to William .King, a condition precedent or subsequent 1
2. If subsequent, at what time does the estate vest in possession 1
3. What is the nature of the estate, when vested ‘l
1. Is the condition precedent, or subsequent?'
The vyordsof the will are, “-In case of having-no children, I…
2Cases cited1 opinion
- Haas v. GaddisWashington Supreme Court · 1890
3Cited by108 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Patch v. WhiteSupreme Court of the United States · 1886
- Travers v. ReinhardtSupreme Court of the United States · 1907
- Decker v. DeckerIllinois Supreme Court · 1887
- Bell County v. AlexanderTexas Supreme Court · 1858
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