Walton v. Willis

• Decision Date: 01 April 1788
• Citation: 1 L.Ed. 130,1 Dall. 265,1 U.S. 265
• Parties: Walton v. Willis No. ____
• Court: U.S. Supreme Court

1 U.S. 265

1 Dall. 265

1 L.Ed. 130

Walton v. Willis

No. ____.

Supreme Court of Pennsylvania

April Term, 1788

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.

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.