1780.
The queſtion depended on the due conſtruction of the following deviſe.–
“I deviſe the reſidue of my eſtate to John Parrock, during the term of his natural life, and if he leaves lawful iſſue, then I give my real eſtate unto ſuch iſſue: But, in caſe of his dying without iſſue, or they dying under the age of twenty one years, then I deviſe all my real eſtate unto Abel James his heirs and aſſigns, on condition that he, or they, pay the Pennſylvania Hoſpital £.300.”
After argument, the Chief Justice delivered the opinion of the Court as follows:
M’kean, Chief Juſtice: The remainder in fee of this eſtate is claimed by Abel James; who alledges that, whether the eſtate given to Parrock was for life, or in tail, he is entitled to a veſted remainder in fee, which is not barred by the attainder of Parrock. The Court, however, are of opinion, that the word iſſue in this caſe is a limitation, and that John Parrock took an eſtate tail under this deviſe. Probably, indeed, no more than an eſtate for life was intended to have been given to him, but the law ſupervenes that intention. There is a ſecond intention, manifeſt in the will, which is to be carried into execution; that is, that the iſſue ſhould take in ſucceſſion, which they could not do, without a previous eſtate of inheritance in the father.
The meaning of the teſtator appears appear clearly to have been, that the eſtate ſhould not go over, while there was any iſſue, and it is expreſsly provided, that all muſt be extinct, and none have attained the age of twenty one years, before it ſhould paſs to Able James.
This is not a new caſe; for, it has been long ſettled, that the words “natural life,” make no difference. Sunday’s caſe 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. Forteſc. Rep. 84. 2 Ld Raym. 1437. 1 Barnard. Rep. in K. B. 6. 367. Such was the deciſion.
As therefore, John Parrock took an eſtate tail, the land was forfeited by the attainder; and the claim of Abel James muſt be diſmiſſed.
The claim diſmiſſed.
