New-York daily tribune., 1849-08-08
Tn. A.Ddep WIN ca.e-FinaI Decision.


F,on %. Pslsssiyli. Lo.s'.7
The important questions pending m The "a Q ~
the vii u Nstihss Aspden deceased "nlcn hhf 1'-n
in cDurse u ts .tOn ever since l-8i we're hnay oe
cidsd yesterday IN the I circuit couir Ds ,g s-ls7
Oder The esiste amounts 70 sum beyond -'OJ'"J
ana Wa claimed by THREE sets Of belrs-the Amercan
bers of the half blood Of the tessior the Amercsn
pexf II kin bur renOte issue Of me ~noe DYo1 ana
The heirs II common la~ who are Engh.h
Matthias Aspden born ia Phladrl pns before me
Revolution asd the time Of The commencement o.
the troubles between toe colonies and the mother co
try hs merchant Ia prosperous business. 4n-
ciping towsrd English or A. any rate iesns
that the colonies would socceed b. lett the country
and went 20 Englsnd While there, bis large land
prouerty Ia tnis state cOuhscated and NJ alta ned
as traitor After the Revolution the stteindef "ss
taken Of hut the conn-csunn remained he came oack
~ this country AMI made w IN inis city returned o.
England and died there Ia lsl' SAVING very isise
amount Of personal property. BY MS Will m@He 10
thi. city b. devised be estate, real and prsonal 10
the person who should be hs heir ~ ls" ano ih
another par, Of the VIII ne Dir cis h-i IL should g -
"tns person who should be ne l~~ial her ln~
question then who enuiled and ~ the claim.
exoeedeo9O each Il bom n-o relatives and TRENDS
s-o rested u msy be supposed that the ca hss
excited lively Interest IL many quarters. IAe heirs
respernvely were ln three classes, VIZ
l. Tue nsirs Of Mary H-ruson sister Of the hail
blood on the fshers side and the heirs Of Roger Hart
lsy ball brother on the 0hers scs
2 The Psckens-Cousius Of the whole blood, very
Ia, ss and constantly increasing Glaze OF claimants Cue
Of ~horn rginsy Instituted the proceedings the 'ut
sraoding-Pacter %. Aspden, Executor of Matthias
8 The English As Aspdens-Relaiion ofthe whole blood
OF the father and who would have been heirs az com
mon lsw
Tns opinion Of Judge Grier was able and impartial
and gave great ssisiscuon His positions were oHenJ
these
]. There was no ambiguity. latent patent on the
face Of will. and all evidence Of conversation Win
ths tes'Ator would be therefore excluded.
Nothing would he admitted to control the meaning
Of the word heir or 10 exclude the belief inst sny
other than the person whom the law would designate
was meant by the tsststor.
Like al other ega terms, the word heir, when IN
explained means the person whom the law Will desg
nate
Ia devise IL TO the right heir It will be applied TO
m an the heir At the testators death
The word hsir" ia tho singular will not prevent
division Of the bequest among several, all standing In
the night IL may be collectively construed 10 I'm
brace number answering this description. In con.
struns oevises OF personal estate tnere often oouh
whether the word "her is used for the next Of KIN
or the persons entitled TO the personal estate
II the devise is OF real estate II will not be con
strued to the next OF kin Il there Ia mixed
devise ot real and personal estate the devise Il con
troled by the rule 10 real estate Even wher"
the entire personal estate In the absence OF con
trolling words, the estate would 20 to the heir At law
Here there - legacy 10 the heirs by way OF success
lion There 10 nothing TO show that the teststor had
any meaning OF his own. and used the word heir ss
ynony to next of kin IL IL manifest that the
testator DID not mean that his property should be
divided and 20 different ways He claimed 10 be- the
OF landed estate in Pennsylvania, though that
had been counscaied and always enp rtAned the hope
of enjoying 1.-THE bequsst must therefore, be con
sdered ~ OF real and personal estate.
The will must be construed speaking at the death
Of the te.tsior.
4 A. the te.tator had estates In Pennsylvania, and
claimed to be the owner OF real here the
must he governed by the law Of this state
S The words " heir al law, In Pennsylvsnia mean
the person who would be entitled under the statutes OF
the State, and not the heir at the common law.
Although Ia this State the words heir at law and
"heir AT common law have been often used as subsu
tues or equiv aens 10 but nsus ogEeRdi pecu 10
class The persons whom the law of Pennsylvania
would the estate. to hold tenants IN common,
may be STYLED the lawful heir" heir At is~ -
THIS case however is relieved OF doubt by the ests'o
himself who says he means the party who would be
his heir at law II he were nlrgiumate IL cannot be
contended he meant his heir according to the law oi
England
6 Having thus defined the persons who. under the
Law OF Pennsy lvsnia would have been entitled 10 the
sstate In case OF ntestscy, the question ases who IN
1874 wss enuuedt
but there the issue Of the half blood descendants
OF Mary Harrison and Roger Hsrty. The issue The
fathers side the nrsi cousins, (he Psckers) are Ole
missed they have no claim on any possible construc
ton of this VIII
The only question is between the heir at common
law ami the hsf blood
The lth section Of the act OF 1874 gives the estate 81
an intes-ate who dies leaving child issue OF sucl
child the brother or ssler OF such hall blood unless
where the estate Is acquired by descent git or devise
from the parents, IN whlch case, All "ho are hVt ~ W
blood II Toe parent from whom the estate Mas derived
shall BE- excluded. IL is evident therriore that ih'
OF the halt blood Is in this case sUosu'a'ed 10 th'
heir at cannon law.
The lin section OF the set OF 1894 not repese,
BY the act OF l7Y7. argued The issue OF th'
half blood inhers in preference 10 the more remote s
sue OF tie whole blood.
J. The Court are therefore OF opinion that The issue
of the brother and sister Of the hall blood are the le~
ful heirs ami the persons entitled Ihis decision j
made because their claims have been presented IN,
contested together The Court gives no opinion as Il
whether both entitled whether the issue OF ta'
hsiieood the fathers part entitled or those q
the mothers part entitled that being le open oi
future consideration Il the question shsl arise.
: The decree Is therefore IN favor Ot the issue q
Mary Harrison and Roger Hartley The matter is re
ferrcd 20 Master 10 make distribution and the balls o.
the Packers and the Aspdens dismissed