The Express.
London, England, 1855-02-19 00:00:00

ZITTION V. STORDT.

In this case very important quetioas effecting the rights
of American edtiseas to succeed u devisees to land in Rag-
land were raised. The questions arose oat of the will of
Jolla Harrine, a Cumberland farmer, whose will bore date
tin 16th of November, 1826. By that will the testator de-
vised his messnages and hereditament/ to his friends Thomas
%eft sad Jab. Btordy and their heirs es to a certain par-
ties Onset spat trust for the testator's niece for her life,
woi after her death, upon the following trusts. In trust
•90 minvey all the above-mentioned real estate and every
Csithereof to the heir-at-law of my heir.at-law sow im
, hie heir., and assigns for ever." The nine
baying died, Elisabeth Ititteon filed this bill against
Kr. John Bterdy, the surviving trustee • Mn. Hamra
Moshe the testator's heir-st-law eiparte satin*
sad .lien Majesty'. Attorney•Cleuend, Mahan that she
lOW plaintiff), as the heiress at law of the tontatur snot as
slimy was entitled to have the devised property eonveyed to
bet. The came was beard on the 10th of Ifanb, 1862, sad
dome Rob, by which the Mute was itiroolod to NOW
Nis wit, woo*. pence doseribod is the will. T. row&
gibs Mosloole odvo!tiouronto for ?laminate was,
.11.1 coo

flaws IsgelsesiiaTniedta be the person entitled. It
ZVI', vas been in 1806. He was a seantsetarieg
at Priedelphia, end waa the only son ofJebanne-
visas, of the elm place, who wee bun in 1773;
1833. Thiadta was the spa If Thomas Harris., Ala*
brother of the testator, and he emigrated from 14111•11
the United &dee in 1763, and died in 1816. noon raw
MS on for further consideration upon these be..
Mr. *Was and Mr. Greene, for the plaintiff; submittal
drat she wee not only the testator's English Istir-at-law. bus
would also be the heir-at-law, according to the law of Bar
land, of the two deeesed Harrison. in America, if they
were capable of having an heir according to the law sit
England, and if Thomas, the Amorists claimant, were not
such heir. They submitted that Thomas, the claimant, was
clearly incapable of taking, being au alien, and that the
word. were net sueleisot to constitute a designatio per.
wow; "heir at law" without more, must be taken to bean
heir at law who can properly represent that character, which
a person who is not an heir, but an alien, cannot represent.
They also insisted that even if the words were a sufficient
designatio persons, still that the fact that the individual
was an alien was so clearly a disqualification to take, that the
court would not do so idle a thing as to direct the trustee to
convey to a person over whom the crown would have a para-
mount title, and which therefore would be a nugatory est.
There was therefore, as they contended, a resulting trust is
favour of the plaintiff, which the surviving trustee wee
bound to execute by • conveyance to her.
Mr. Bacon and Mr. Carrie, for Mr. Sandy, the surviving
devisee in trust, submitted that the trust in favour of an
alien win one which this court would not execute, and that
at all events the trust was so uncertain as to be void, or
that th's court would not in a case of such uncer-
tainty direct a conveyance to any party, but would leave
the beneficial interest in the truisms.

Mr. Wigram and Mr. C. Hell appeared for Mr. noises
Harrison, of Philadelphia, the claimant, and submitted that
it bad only been found by the Master in respect to bins
that he was born at Philadelphia, where he was a
manufacturing chemist, and that he was a sheen of the
United States. It was quite potential with the finding of
the Maser, that he should also be a British subject. The
declaration of independents 1,113 in 1776; the treaty acknow-
ledging the independenee tee in 1783. This treaty was
referred to, and it was mei Ask althollik the
the brother of the leeloter, matiasod railieViaerseise,
there was so SIMMS, tbst w bed thrown of We *shoes
to the crows of sal Ma Harrison, his sop,
beiag an What, was taseepsteat to do so sad lde owe
aoutineuMMl to amide in Antlifilln was net &rowel of his
allegiance; mad if that were so, than the Thome mice,
the present plaintiff, being the son of a pen= owing alle-
giance to the crown of England, was himself no alien, and,
therefore, entitled to have the estate conveyed to him. But
even if the court should hold that he were an alien, never-
theleas the title of an alien is paramount to that of every
other title, except that of the Crown • he might have suffered
a recovery, he may convey or demise, and ibis title the
court oughti to recognise, leaving it to the Crown, if it
chose, to proceed against the alien, whose title would, how-
ever, not determine until office found.

for theiittorn-siiiineral, submitted that
Thomas Harrison, the claimant, was an alien ; that he could
lave so title which did not vest in the Crown, and that he
was entitled at 'nee to Mains a conveyance from the Waste'
to the Crows. _ _

—Mr. &orsasat, for the heir expert' materna, admitted that
his client had no interest, and sabmitted that her cost ought
to be provided for.
Mr. Malice was heard at semi length in reply.
The Tice-Chancellor said he did not intend to ditpme of
the case at present, bathe entered into a long review of the
feats proved and asses cited, particularly referring to the
twee of " Doe dem. Thomas v. Audis's," and expressed the
Inclination of his present opinion to be, that the plaintiff
was entitled to have the property eoaveyed to her by way of
a resulting trust. As ►ice Honour has rewired his judgment,
the statement of his observations has beet reserved till that
time.

COURT OF QUEEN'S BENCH.-F&. 17.
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