Barnes's Lessee v. Irwin
Supreme Court of the United States
THIS cause was argued upon a cafe stated, which included the following facts. The plaintiff was heir at law for one moiety of the real estate of Margaret Henderson, who died seized of the premises in question.
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THIS cause was argued upon a cafe stated, which included the following facts. The plaintiff was heir at law for one moiety of the real estate of Margaret Henderson, who died seized of the premises in question. Previous to her marriage with Mathias Henderson, articles of agreement dated the 29th of June, 1794, were executed between them, and a third person; by which Matthew Henderson, covenanted, that the real estate belonging to her, should be to their joint use during the marriage; but that Mrs. Henderson should have full power to dispose of it by Deed, or Will, during coverture. They had no…
1Opinion of the Court
M'Kean, Chief Justice:
—The question arising on the case stated for our opinion, is, whether a seme covert, seized of a real estate in fee, can, in consequence of a power contained in articles, executed between the husband and her before their marriage (the legal estate not having been conveyed to trustees) give away such estate by will, or any instrument in nature of a will, during the coverture?
The articles of the 29th of June, 1774, are therein called a deed tripartite, and the name of James Wallace is introdued into them as a party, along with Margaret Irwin and Matthew Henderson; and they…
2Cited by5 opinions
- Will of WardWisconsin Supreme Court · 1887
- Grayson v. BannonSupreme Court of Pennsylvania · 1839
- Barnes's Lessee v. IrwinSupreme Court of the United States · 1793
- Harris v. AtchleyDistrict Court, N.D. California · 2022
- Williams v. NewsomDistrict Court, S.D. California · 2021