The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-10
UNITED STATES SUPREME COURT.

OEClSIOS.
WASHINGTON, June o. 1877.
The following decision has been rendered in the
Supreme Court OF the United states:-
Devise OF lands under the laws OF New York-The
Fox bequcst 70 the United States
No. 10A Tho United States. plaintiff In error, VS.
the State ofNcw York
In February, 1870, Charles Fox OF tho City OF New
property situated in Ihe States OF New York ana Iowa
BY his last Will and testament he devised aud be-
queathed tho whole property after the payment OF his
debts TO tho OF tho United Statos for the
purpose OF assisting discharge tho dcbt created by
tho war OF the rebellion. BY the government Of the
United States, the body-poitic, the nation known
the United States meant Upon tho petition the
District Attorney OF tho United Staos the will
ana county ofNew York The infant heirs OF tho de-
ceased contested the will The Surrogate oecrecd that
the will was imperative and void as doyise or reaI
esate that the United States could not la wfuly
and hold the real estate dcvisee the WILL In
trust otherwise and that It descended to the heirs
law He at the same tlno decided that the will
valid and operative as TO the personal estate Of the
testator, aud that the United States the solo
lcgatces, and accordingly admitted tho testament 20
probate will Of personal estate only. On appeal
from the Surrogate this decree affirmed by the
Supreme Court and aiterward by the Court Of Appeals
o! the State. On writ OF error the case was brought
here.
The sole question Tor consideration Is the validity
OF devise tho United States OF real estate situated
In the state Of New York The question Is 10 be de-
ermned by tho laws OF that State. II is not pretended
that the United States may acquire and hold real
property in the State whenever such property is
needed for the Of the In tho execution
OF any Of It's powers Tor instance whom needed Tor
arscnas, Notifications. lighthouses, custom houses
court houses barracks hospitals or tor my other VI
the many public purposes tor which such property Is
used and when the property cannot DO acquired by vol
untary arrangement with It's owners, may DO taken
against their will by the United States exercise OF
their power Ut eminent domain upon making just
pensation power which can be exercised their own
courts and would always DO resorted 10 II, through
Legislature, other cause, harrussing conditions
attached 70 tho acquisition Of tho required tn
inc power Of the state to regulate tho tenure OF real
properly within nsr nlits and the modes Of its ac
QUESTION and transfer, and the rules OF it's descent
and tho which a tcstamepary disposition OF
may be exercised by lis owners Is undoubod. 1t Is
an established principle OF law, everywhere recog.
nizcd arising the necessity the case that the
disposition OF immovable properly whether by deed
descent any other mode, Is exclusively subject to
tho governments within whose Jurisdiction tho property
Is situated The OF tho State this respect fol-
lows from her sovereignty within her limits TO ull
matters over which Jurisdiction has not been expressly
government. Tho tito and modes or disposition OF
real property within tho State whether inter vivas or
OF federal authority. Such control would be foreign
to the PURPOSES for which tho federal
created and would seriously embarrass the landed n
tcrcsts OF the State
Statutes of wills, Is justly observed by tho Court
OF Appeals enabling acts and prior TO the statute
of 81 Henry WILL there was no general power ut
common law to devise lands. The power was opposed
to the fcudal policy OF holding lands nalicnabe with.
out the consent oil the lord The English statute OF
adoption Of her constitution III 1771; and with some
notifications In its language remains so this day.
Every person must. therefore. devise his lands IN
that State within the. limitations OF the statute
or no cannot devise them at all His power bounded
by its conditions Tho statute provides that devise
OF lands may be made Ito any person capable by law
OF holding real estate but dovise TO corporation
shall be valid unless such corporation DO expressly
thorlzed by its charter or by statute to take by do
visc" The term s'person" hero used applies
TO natural persons and also to artificial PERSONS
bodies polite, deriving their existence and powers
from legslaton-but cannot be SO extended to In
CLUE within It's meaning tho federal government. II
would require express definition to that effect to
give II o sense thus extended. And tho term 'ccrpo
ration IN the statute applies only 10 such corpora
tions created under the Of the State. II
held by the Court OF Appeals IN htc VS.. How
ard and It's construction Of tho statute conclusive
upon ua devise TO tho United States Of real prep
erty situated IN that state IS therefore Affirmed
Mr. Justice Field delivered tho opinion.