3 Yeates 324 | Pa. | 1802
Clearly this letter cannot operate as a will. Though no particular form of words is necessary to give validity to a will, yet all the books agree, that the a7iimus testandi is an indispensable ingredient. There must be an advised purpose to make a present disposition of the party’s estate. Here it is but the signification of an intention to do a future act, and so not the testament itself, which must contain a present and perfect consent. Swinb. 8, 9.
It was then insisted, that if the letter could not be construed as a will, it might be considered as a contract, which would be enforced in equity. The agreement was reasonable in itself. The uncle, though married, had no children. He desired a prop to lean on in his advanced age, and accordingly pressed his sister to send over an unmarried son, by her first husband, who on the sole conditions of his obedience, and coming without followers, should be the heir of his whole estate. The nephew, in pursuance of the invitation, left his native country, and deserted all his prospects there ; and if he has been obedient, and followed all his uncle’s directions, of which the present jury are the com
After the cause had been fully argued by the counsel for the plaintiff, the Chief Justice delivered the unanimous opinion of the court to the jury, that this letter was not evidence of'such a contract as ought specifically to be executed under all its circumstances. Courts of law in this state have in a variety of instances exercised chancery powers, in order to prevent injustice. The necessity of the case gave rise to this jurisdiction, which has been sanctified by the constitution. [*327 But to enforce the specific execution of contracts, which a court of equity would not decree, would set all property afloat, and be
Verdict pro quer. for two third parts of the premises.