Hannum in Error v. Spear, in Error
Supreme Court of the United States
THIS was a writ of Error from the Supreme Court, founded on a bill of exceptions, taken at Nisi Prius, in Chester County, on a trial before M‘Kean, Chief Justice, and Justice Yeates. .The queftion arofe on the Will of Elizabeth Ring, who had given power to her Executors to fell lands, for payment of legacies ; andón the argument two points were made. — i ft. Whether the power to fell,' given by the Will, was in fait, for the payment of debts, or of legacies ? And 2d.
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THIS was a writ of Error from the Supreme Court, founded on a bill of exceptions, taken at Nisi Prius, in Chester County, on a trial before M‘Kean, Chief Justice, and Justice Yeates. .The queftion arofe on the Will of Elizabeth Ring, who had given power to her Executors to fell lands, for payment of legacies ; andón the argument two points were made. — i ft. Whether the power to fell,' given by the Will, was in fait, for the payment of debts, or of legacies ? And 2d. Whether by the laws of Pennfylvania, the. creditors of the Teitatrix had fuch a lien on her lands, as could not be defeated by…
1Opinion of the Court
The Court delivered their opinions, seriatim, to the following effect.
Chew, President.
The question turns upon the power to sell lands, contained in the Will of Elizabeth Ring. If the pow er had been to sell for the payment of debts, I should incline to the opinion, that the purchaser held the lands discharged from the debts. It has been the constant usage (and usage is the best interpreter of the laws) to give, by Will, the power to sell lands, for the payment of debts. The titles of purchasers under such powers, have never heretofore been called in question ; and they ought not now to be…
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