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Walton v. Willis, (1788)

Court: Supreme Court of the United States Number:  Visitors: 1
Filed: Apr. 01, 1788
Latest Update: Feb. 21, 2020
Summary: 1 U.S. 265 1 Dall. 265 1 L. Ed. 130 Walton v. Willis No. _. Supreme Court of Pennsylvania April Term, 1788 1 Where an heir at law took an intestate's lands at a valuation, it had been the practice of the Orphans Courts throughout the State, only to require him to give Bonds to those who were entitled, under the Act of Assembly, to a distributive share of the estate. 2 The Chief Justice said, in the course of the argument in this cause, that the practice above mentioned, was illegal and improper;
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1 U.S. 265

1 Dall. 265

1 L. Ed. 130

Walton
v.
Willis

No. ____.

Supreme Court of Pennsylvania

April Term, 1788

1

Where an heir at law took an intestate's lands at a valuation, it had been the practice of the Orphans Courts throughout the State, only to require him to give Bonds to those who were entitled, under the Act of Assembly, to a distributive share of the estate.

2

The Chief Justice said, in the course of the argument in this cause, that the practice above mentioned, was illegal and improper; for the Orphans Courts ought, instead of Bonds, which are a mere personal security, to take Recognizances, by which the lands themselves would be bound for the payment of the distributive shares. He added, that the Court would not enter into a retrospect upon this subject; but that, for the future, they would expect a conformity to the opinion now given.*

*

For the decision in the principal case, see post.

Source:  CourtListener

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