1 Call 212 | Va. Ct. App. | 1798
If we decide on the case agreed, William Lancaster and his will are out of question; since he is not stated to be seised, and we must en-quire who is the heir to Joseph the son, who was seised. The statement is imperfect, as to who was his heir; since the time of his death, whether before or since January, 1787, is not stated, so as to enable us to determine, whether the old or new law of descents is to govern. Nor, does it appear, whether all, or any of the four children of Opie, were bom before, or after Joseph’s death. But, it seems pretty evident, that the plaintiff Nancy, not stated to have any relation by blood to him, could not have any claim upon his inheritance. Supposing, however, what was probably the case, that the testator was seised, and 1hat the title depends upon his will, I have no difficulty at present in deciding: That Joseph the son, took a contingent fee, to become absolute upon either event’s happening; that is to say, his coming of age, or haying a child born,
The judgment was as follows:
The Court is of opinion, that the case agreed in the record mentioned, is too uncertain for a judgment to be given thereon, and that the said judgment is erroneous. Therefore, it is considered, that the same be reversed, &c. that the case agreed be set aside, and that the cause be remanded to the said District Court to be further proceeded in.
[* See Price v. Hunt, Pollef. 645; Barker v. Sureties, 2 Stra. 1175; Frammingham v. Brand, 1 Wils. 140; Read v. Snell, 2 Atk. 645; Fairfield v. Morgan, Dom. Proc. 5 Bos. and Pul. 38; Jackson v. Blanshan, 6 Johns. 55; Holmes v. Lessee of Holmes, 5 Binney, 252.]
[† Ellison v. Airey, 1 Ves. sen. 111; ana see Crone v. Odell, 1 Ball and Beatty, 449, in which the doctrine of vesting is examined, and the cases remarked on by Lord Ch. Manners, assisted by Lord Ch. J. Dowsres.]
[‡ See Taliaferro v. Gatewood, 6 Munf. 320, 323.]