John McLean

Name: Doe v. Watson — Opinion of the Court
Author: John McLean

Summary

“Doe v. Watson — Opinion of the Court”, is a work by John McLean. It explores elements such as Sarah Parrock, testator and James Parrock.

Quotes from Doe v. Watson — Opinion of the Court (John McLean)

John McLean, Doe v. Watson — Opinion of the Court

“ Several of the legacies to the grandchildren were money, to be paid when they became of full age. These, as well as the real estate, were devised over 'on their death under age and without lawful issue.' Now is this devise consistent with the supposition that it was to take effect at any future period, however remote, on the death of the grandchildren? They were to receive their legacies, and the real estate devised to them, when of age; and they had a right to use their property, and especially their pecuniary legacies, as their convenience might require. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ The form of the charge prayed is not free from objection. It assumes the sufficiency of the evidence to prove the heirship of the lessors of the plaintiff, if the jury should believe it. Now the evidence was somewhat vague and uncertain, and the jury might well have doubted whether the heirship was proved. But the instruction given waives this objection. From the instruction, as well as the prayer, it is clear that the claim of heirship was as descendants of the persons named in the will, to whom the property was devised over. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ III. That the court erred in the construction of the will and testament of James Parrock, as given in charge to the jury, and in refusing the charge as moved by the counsel for the plaintiff.
This leads to the inquiry into the true intent of the testator. The intention of the testator is to be sought upon the whole instrument, taken in all its parts as one whole. The words must follow the intent of the devisor. The sentences may be transposed to preserve the meaning of a will. One part of a will shall be expounded by another. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ A decision thus made, and which seems to have been acquiesced in for more than half a century, within which time the property by descent or otherwise must have passed through the hands of persons who belonged to two or three generations, and which has necessarily become a rule of property, would seem to close all litigation under the will. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ He had given certain property to his wife, for life; and, after her decease, he had devised certain portions of it to his grandson, John, in fee, and certain other portions of the same to his granddaughter, Sarah, in fee. With respect to the Vine street property, he had ordered that to be sold by his executors, so soon as John and Sarah came of age, and the money arising from the sale to be equally divided between the two grandchildren. There was, thus, with respect to this property, an equitable conversion of the realty into personalty, in case the devisees attained their majority. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ But the rule of construing the first devise an estate tail has no application, where the contingency mentioned in the will is that of 'dying under age and without issue;' for, as is shown by the authorities, the estate becomes an indefeasible fee in the first taker, upon the occurrence of either of the two events. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the Eastern District of Pennsylvania, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of the said Circuit Court in this cause be, and the same is hereby, affirmed, with costs. ”

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Source: Wikisource

John McLean, Doe v. Watson — Opinion of the Court

“ Sarah Thomas and her children; Mary Lee and her children; Lydia Davis and her children; John Spencer and his children, and to the survivor of them, and to the heirs and assigns of such survivors or survivor, as tenants in common, (and not as joint tenants,) forever ”

John McLean

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