Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-11-24
ately after his arrival in London. He was
confined to his bed at the last advices.
Democrntick Press.

ately after his arrival in London. He wa:
confined to his bed at the last advices.
Democratick Press.
NEw-YoRK, Nov. 7. The AsToR CASE
-DEcIDED. Thisimportant trial was de-
clded yesterday in favour of the plaintiff
As it has excited good deal of interest
in the publick mind, we have prepared the
following abstract, from the testimony and
arguments of counsel. 1t appears that
in the year 1897, patent was granted by
William the Sd, conveying. to Adolph
Phllipse a large tract of land in the pres
ent county of Putnam. He died, leaving
the property to Frederick Philipse, by
whom 1t was bequeathed to his children in
tall Mary Philipse, one of his children,
inter-married with Roger Morris who be-
came seized in fee simple of portion Of
the estate. During the revolutionary war,
Roger Morris was an active partisan OPP
posed to the struggle for independence; for
| which reason the State of New York
passed bill of attainder, by which the
property of himself and his wife was con-
tlscated, and thereafter vested in the State,
and by the State sold. After the termi-
nation ofthe war. it appeared that in 1853,
when the marriage between Roger Morris
and Mary Philipse was about to take place,
a marriage settlement was made, the legal
operation of which, was to give to Morris
and his wife life estate in the property,
with contingent remainder to their chill
dren-so that the attainder of Morris and
his wife attached upon their life estate on
ly, and did not affect the interest of their
children. The claims of the children
therefore could not be asserted in court
OF justice until the death Of both parents,
which did not occur until 1925. The
present plaintiff, John Jacob Aston, pur-
chased of the children, and upon the
death of Mrs. Morris instituted suit for
the recovery of the property. Upon this
marriage settlement, the provisions of
which vested legal interest in the child
rem, which no act Of the parents could d.
vest them Of the plaintiff grounded his
case. The marriage settlement was prov
ed TO have been duly executed at the time
it bears date, and Judge Thompson decid-
ed that the forfeiture of the estate by rea-
son of the attainder of Morris and his
wife, attached only upon their life estate,
and that upon the death of both parents
there was no legal impeachment to, the
children's coming into possession Of the
property.
1t is proper to remark that the present
decision does not, necessarily, determine
the final issue of the case in favour of Mr..
Astor, since by compromise between
himself and the State Legislature, five of
the cases involving the same title are to
be prosecuted to final judgment, and if any
three of them arc decided in favour of the
| plaintiff, he is to receive from the State
the sum of $45O,OOO-subiect, however,
to sRdeduction of s200; 900, in case it
should be decided that he ought not TO re-
cover without paying for the buildings and
permanent improvements made by the oc-
cupiers of the lands. The case now de-
termined is to be taken up to the Su-
preme Court of the United States by a
writ of error.-Jour. of Commerce.