New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-09

CScrRrANrY or THE Lsw.-The case Of the
Meyer viii, made before the passage Of the act of
1898 has at las, been decided finally in the Circuit
Court Of the United States by Judge Grier. As an
stance Of the uncertainty OF the law shall give o
brief outline of the decisions both sides OF the case.
Never in a will disposing of his " worldly estate
saws: II give, devise and bequesth unto my WIFE
a 'cs.,sin tract Of land, &c. Now, common sense
would say he intended 70 give" this property 10 his
wifi, ebsclnfsly, 10 occupy or sell the sane ss she
MIGHT see III: but the Common Law, inherited by
as the perfection Of human reason, says an her az
,,w Ior one 10 whom estate would tall IN the alb
sepce of will shall sot be disinherited without ex-
urtss words 10 that effect, or language from which
.uch dis.uheritance must necessarily be implied Yet
he Common Law aso says the intention OF the 'es'
tator nus, prevail IN constructing such awu. Saeh
was the law when these States left the mother country
In PENNSYLVANIA the question whether, under the
circumstance mentioned the widow took an estate 80
ies merely estate tor(', bad been me SUBJECT
# numerous and adverse decisions, until the passage
of the very sensible act Of 1882 declaring THAI all
'dcyses Of real estate shall pass me WA0t cstdfc OF
The tesator in the premises although there be no word
q Inheritance unless !, SppeaI by devise over or
other words Of limitation that the testato, in,eaded
10 &c wise less estate. But since that time htiga-
ticn on wills previously made has by no means ceased
In 1853 I'd Bnney, 49,, Chief Justice rlghmsn con-
tended il was only life estate passed by such adeyiss
but was overrulcd by Associates Breckenridge and
Yestes and the Supreme Court decided such devises
Caned fee simple or the whole estate OF the tesla
tor. q. =, MI.
was considerably qualified. by the same judges.
In 1926 Gibson and Duncan had taken the places OF
Brack, nridee ard leates, and in 18th > q n, eAl
the law was decided IN favor OF hie estates-DahSan
strongly dissenting.
Buf n 1850 Judge Lewis, then President Judge Of
Common Pleas, holding a court IN York County, de-
cided in favor of fee siH,Rc The case came before
the SupIeme Court and 10th Pa = Rep, 5ll Judge
Lewis was ovenuled by Judge Gibson and a bare ma
iOriiy.
In 1859 Judge Lewis was on the Supreme Bench,
and with Lowrie and WOodward,l overued the de-
c.ion Of 1926 and lS5O-Gibson and Black dissenting
10th Pa. s. r., 81. Thus fee SIMPLE estates again
came into favor and the rule was adhered 10 in
18th Pa. $. r., 5l3 and 25th, ~
From this il appears that the law or rather the dec-
ous were in favor Of life estates TILL 1919, when es
tates in fee prevailed till 1926 life estates reganed
favor from that time till ls5O-bu held sway but two
years, when fee snI1es again got possession oil 'ho
Bench and have since retained II.
Although this very will had been twice passed upon
in the Supreme Court Of Pennsylvania, party inter-
esed in breaking Mrs. Meyers title, and claiming un-
der of the heirs at law removed to another stare
and brought his action of eiectment in the United
States Circuit Court for portion OF the land held by
virtue of the devise in Meyers will. Judge Gner,
however, said:
this question and decided il. Further discussion Of its
merits would be superiu0us-all has been said that
can be said either side. Instead, therefore, OK
again discussing this moot question, this Court feel
| that il is their duty to follow what now appears at
least To be the settled doctrine on the subject. The
authorities appear TO be longer in equllibrio. The
question is settled and should not be again disturbed.
It will soon become absolute under the wise legIsla-
ton abolishing the old common law rule, which SUI
yered the intention of the testator 10 subserve the
policy OF English institutions The Courts OF Pennsy-
vania will Of course, adhere to the rule as settled by
their own highest tribunal In such cases
il is our duty to pronounce the law of Pennsylvania,
as defined by her Legislature and Judiciary, and
not TO assume the position of umpire and pronounce
the opinion Of the minority of her Judges entitled TO
more respect than that OF the majority ana mus add
be humilistng spec ace if this Court should, under
one rule of construction deliver the land to the heir
at.aw, who would probably be turned out OF posses.
sion Immediately by the devisee, in an acton brought
in another FORUM Such would, | doubt not, be the
result of judgment for plaintiff in this case and such
collision Of judiciary authority can only be avoided
by the course pursued Let Judgment be catered
for defendants on the case stated