Daly's Lessee v. James

Feb. 25th. Mr. Wheaton, for the plaintiff, stated, that the will of J. Bleakley, senior, was, in effect, a devise of an estate tail to the testator's son, with a remainder over to his executor, A. Young, &c. in trust to sell, in case of the son's dying without issue, and the proceeds to be distributed equally among his brothers and sisters, and their heirs, (as a designatio personce,) or such of them as should be living at the son's death. But the first difficulty in the cause was, a determination of the Supreme Court of Pennsylvania, upon an ejectment brought in that Court under the same will. The State Court there held, that the word 'heirs' was a word of limitation; and none of the brothers and sisters being alive at the death of the son, J. Bleakley, junior, the object of the power to sell had failed; their issue were not entitled, and a sale by the executors of Young conveyed no title; although it was admitted, that the power might be executed by Young's executors, if the object of sale had continued.1 a This decision was that of two Judges only,2 b and could hardly be considered as a binding authority even in the State Courts, whatever respect might be felt for the great abilities of the learned Judges by whom it was pronounced. This is not one of those cases where the decisions of the State Courts, on questions of local law, establish rules of property, which this Court will not disturb; but it is a mere question of the interpretation of a will, depending entirely on the rules of the common law.