John Marshall

“ It is, therefore, the opinion of this Court, that so much of the said decree as is contrary to this opinion, be REVERSED and ANNULLED, and that the same be, in all other respects, AFFIRMED; and the cause is remanded to the said Circuit Court, with directions to reform the said decree according to this opinion, and to do all other things therein as equity and justice may require. In taking any account between any of the parties which may be necessary for giving effect to this order, interest is to be computed according to law and usage. ”

“ The principle is too well settled to be now a subject for discussion. The law of Rhode island, then, subjecting lands to the payment of debts, can have no influence on the case before the Court. The ferry estate, had it remained in the possession of the devisees would not only have been liable to the creditors, but would have been liable to the other devisees and legatees, for such portions of their property as had been applied in payment of the debts of the testator. ”

“ The whole purchase made by Mr. Potter amounted to 15,800 dollars, of which 15,000 dollars were given for the ferry estate, and 800 for a lot in Jamestown, purchased by Ezekiel from his sister Isabel. One third of the ferry estate had also been purchased by Ezekiel from Isabel, so that 5,800 dollars of the whole purchase money, was given for property not charged by the will of Peleg Gardner with his debts, and the remaining 10,000 dollars for prop erty which was so charged. That sum constituted the trust fund. ”