Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23


10 the United States Circuit Court At PhiladOhia on
Wednesday, Judge GsKa refused motion for sv trial
In che ssss u the heirs Of the Grard estate VS. cty OF
PAilsaslpAia In which the jury had given aerdct
Cor sAs plaaas This decision gives % the heirs even
tracts u zeal land In seAaykill county, valued one
mAoa % dollars The question involved was whe.er.
under ths Laws q Pennsylvania win devisns alshe
real estate u the ,estator conveys 10 the deyises lads
purchased by the tesslor AFTER the win Is executed TIE
Court has decided that II does not Judge 0nIER san
"rhs reason shy sr-parehased lands do not passy
vii. though the tcstaior has expressed clearly
wsh i1ssnon that they should Is not because sueh
ysrchass 10 revocation Of the win, bat because VIII
y IN The nature o. conveyance or an appointment OF
The pesu % dispose The time the win Is executed
Hence devise Of Land though operates IN aaro can
pass only sash Interest the testaor had al
.ns un's sss eonaasd y have dill his dseease Like
grant o. All MAS estate and interest without warranty
o. his hear II 1928
.rhas. II man having an equitable estate in land
latter win descend % his heir; bai equity will NOT ho
him as asee for the devisee 81 the equitable or usu
uctory estate On the contrary the tesiaor have bu
the legal estate NJ the time he makes hs WILL and after
ward purchases the equitahs estate the deyisee OF th
legal estate w be held trustee for the heir 20 whom
the after purchased equitable estate descends There "A
extingaishment Of the ater.purchased tide for the
sake " ehnfbk the devise, and the beif estopped
from sverng ha the desisee took just such estate or
title the testacr had II the date u the execution Of
his will Nor the distinction taken BY the learned
counsel between title and estate avail establish dr.
ference in the present who has neither pos
session nor right has estate In the land lie who has
nothing convey nothing.
" The principles laid down BY the Supreme Court Of
Pennyvana In the case reported Rawle 936 $780, con-
clusiyey overrae the positions advanced by defendants
and leave their ease without foundation on which 10
rest 10 there decided that the question whether after
purchased lands pass by previous devise does not
depend ON the Intention Of the testator; that will IL
species Of conveyance and operates only regards the
dsposing power and capacity Of the tesator at the time
Of its execution insomuch az 10 require bis power
the estate 10 be perfect ct the time that The act Of dis
position must be complete in every respect 81 the per-
Torrance OF H. that testaor, like ANY ether granSr
cannot give what he has not and finally that sahse-
quent purchase giving the land 10 the tstaor repug
nant TO the import Of the devise which would give to
the devsee and therefore be intended been
in subseryence 10 the will
q These principles rule this eoncussely not only
regards the nine tracts 10 which the had no
title whatever and estate by seisin dsrsn, but
also regards the other two, which, though then sold
under the Nicholson ien not conveyed till after the
codc As 10 the latter the testator had at the time Of
making his win the bare possession tenant III win
suerance not in hostility 10 the purchaser at ME sale
This liable be defeated any moment by
TO the original sale. Mr. Girard, by the purchase and
completion Of this title defeated and put end the
uncertain possesors estate, right held by him Al the
time Of his devise.
"No case can be found where the purchase Of fee
simple estate after devise, has been held In subservi
ing it the tesator had worthless pretended claim
TO IT, The law yors the heir at law aud has devised
fictitious extinguishment estoppe TO bar hs claim
against the pretended doubtful claims Of the devsee