Page:United States Reports, Volume 1.djvu/59

 48  The quetion depended on the due contruction of the following devie.– "“I devie the reidue of my etate to John Parrock, during the term of his natural life, and if he leaves lawful iue, then I give my real etate unto uch iue: But, in cae of his dying without iue, or they dying under the age of twenty one years, then I devie all my real etate unto Abel James his heirs and aigns, on condition that he, or they, pay the Pennylvania Hopital £.300.”"

After argument, the delivered the opinion of the Court as follows:

Chief Jutice: The remainder in fee of this etate is claimed by Abel James; who alledges that, whether the etate given to Parrock was for life, or in tail, he is entitled to a veted remainder in fee, which is not barred by the attainder of Parrock. The Court, however, are of opinion, that the word iue in this cae is a limitation, and that John Parrock took an etate tail under this devie. Probably, indeed, no more than an etate for life was intended to have been given to him, but the law upervenes that intention. There is a econd intention, manifet in the will, which is to be carried into execution; that is, that the iue hould take in ucceion, which they could not do, without a previous etate of inheritance in the father.

The meaning of the tetator appears appear clearly to have been, that the etate hould not go over, while there was any iue, and it is expresly provided, that all mut be extinct, and none have attained the age of twenty one years, before it hould pas to Able James.

This is not a new cae; for, it has been long ettled, that the words “natural life,” make no difference. Sunday’s cae 9 Co. Rep. 276. Helin and Jenings. 1 ''Freem. Rep. 509—2 Eq. Abr.'' 312. ca. 18 Comyns's Rep. 289. 1 Will. 600. 754. &c. ''Fortec. Rep.'' 84. 2 Ld Raym. 1437. 1 ''Barnard. Rep. in K. B.'' 6. 367. Such was the deciion.

As therefore, John Parrock took an etate tail, the land was forfeited by the attainder; and the claim of Abel James mut be dimied.

The claim dimied.