William King, Appellant v. John Mitchell Et Al Appellees

• Decision Date: 01 January 1834
• Citation: 8 Pet. 326,33 U.S. 326,8 L.Ed. 962
• Parties: WILLIAM KING, APPELLANT v. JOHN MITCHELL ET AL., APPELLEES
• Court: U.S. Supreme Court

33 U.S. 326

8 Pet. 326

8 L.Ed. 962

WILLIAM KING, APPELLANT v. JOHN MITCHELL ET AL., APPELLEES.

January Term, 1834

ON appeal from the district court of the United States for the western district of Virginia.

At January term 1830, the case of Alexander Finlay and John Mitchell v. William King's Lessee, came before this court on a writ of error to the district court of the United States for the western district of Virginia, 3 Peters 346. That was an action of ejectment, and the question involved, and decided by this court in it was, as to the construction of the will of William King, deceased, formerly of Abingdon, Virginia. The suit was instituted against the present appellees, to recover a part of the real estate of the testator, William King, which the defendants claimed, as two of the co-heirs of the testator, and on which they had entered with the consent of all the co-heirs, for the purpose of trying the title of the plaintiff, now appellant, as devisee under the will. In that action, judgment for the land in controversy, was given by the district court in favour of the plaintiff, on a case stated.

On the removal of the case to this court, the judgment of the district court was affirmed, and the court held, that all the real estate of William King, deceased, is devised to William King, the appellant; but the possession of part of it, which is given to his wife and others, is postponed until her death. The court also proceeded to say, that 'the question, whether William King took an estate, which, in all the events that had happened, enures to his benefit, or whether he is, in the existing state of things, to be considered 'trustee' for the heirs of the testator, could not be decided in that case. That question belongs to a court of chancery; and will be determined when the heirs shall bring a bill to enforce the execution of the trust.' 3 Peters 383.

The appellees, as heirs at law of William King deceased, in September 1830, filed a bill in the district court of western Virginia, against the appellant, William King; in which they alleged, that the estate so devised was held by the appellant, William King, as a mere trustee, holding the beneficial interest for the testator's heirs at law; and they pray, that the said William King may be compelled to execute the trust confided to him by the said will, in such manner as the court may think proper; that the proceedings on the said judgment may be stayed, until the case can be fully heard, and that a perpetual injunction may be directed; and that such other and further relief, in the premises may be given, as their case may require, and as may be consistent with the principles of equity.

The bill also prayed for an injunction to stay proceedings on the judgment in the ejectment.

The district court gave a decree, according to the requirements of the bill, and the defendant appealed to this court.

The case agreed in the suit at law, and upon which the questions argued before the court in this case were presented, was as follows.

'We agree that William King departed this life on the 8th day of October 1808, having first made and published his last will and testament, which was afterwards admitted to record in the county court of Washington county, in Virginia, where he resided, and is in the words and figures following:

"Meditating on the uncertainty of human life, I, William King, have thought proper to make this my last will and testament, leaving and bequeathing my worldly estate in the manner following, to wit: to my beloved wife, Mary, in addition to her legal dower of all my estate, the dwelling house and other buildings on lot number ten in Abingdon, where I now reside, together with the garden, orchard, and that part of my Fruit Hill plantation south of the great road, and lands adjacent to Abingdon, now rented to C. Finlay & Co., and, at my father's decease, including those in his occupancy on the north side of the great road, for her natural life.

"I also will and declare that, in case my beloved wife, Mary, hath hereafter a child or children by me, that the said child or children is and are to be sole heirs of my whole estate, real and personal, excepting one-third part of specified legacies and appropriations hereinafter mentioned, which, in case of my having children, will reduce each legacy hereinafter mentioned to one third part of the amount hereafter specified, and the disposition of the real estate, as hereafter mentioned, in that case wholly void. I case of having no children, I then leave and bequeath all my real estate, at the death of my wife, to William King, son of brother James King, on condition of his marrying a daughter of William Trigg and my niece Rachel his wife, lately Rachel Finlay, in trust, for the eldest son or issue of said marriage; and in case such marriage should not take place, I leave and bequeath said estate to any child, giving preference to age, of said William and Rachel Trigg, that will marry a child of my brother James King, or of sister Elizabeth, wife of John Mitchell, and to their issue; and during the life time of my wife, it is my intention and request, that William Trigg, James King, and her, do carry on my business in copartnership, both salt works and merchandising, and equal shares; and that in consideration of the use of my capital, they pay out of the same the following legacies:

"To John Mitchell, on condition of his assisting and carrying on business with them, at the usual salary as formerly, viz. one thousand dollars per year, for from two to five years, as they may wish his assistance, an additional sum of ten thousand dollars, payable five years after my decease; and to each of his children, on coming of age, one thousand dollars, more than the general legacy hereafter mentioned. To Connally Finlay a like sum of ten thousand dollars payable in five years.

"To my nieces, Elizabeth Finlay and Elizabeth Mitchell (being called for my grandmother, with whom I was brought up) ten thousand dollars in twelve months after marriage, provided they are then eighteen years of age, if not at the age of eighteen; to each of my other nephews and nieces at the age of eighteen, that is, children of my brother James, sisters Nancy and Elizabeth, one thousand dollars each; to each of the children of my brother Samuel, and half sister Hannah, three hundred dollars each, as aforesaid; to my said sister Hannah, in two years after my decease, one thousand dollars; and to my half brother Samuel, in case of personal application to the manager at Saltville, or to my executors in Abingdon, on the 1st day of January, annually, during his life, one hundred and fifty dollars; if not called for on said day, to be void for that year, and receipt to be personally given. It is my wish and request that my wife, William Trigg, and James King, or any two of them that shall concur in carrying on the business, should join with all the young men that may reside with me, and be assisting me in my decease, that are worthy, or furnish them with four or five thousand dollars worth of goods, at a reasonable advance, on a credit of from three to five years, taking bonds with interest, from one year after supply. In case my brother James should prefer continuing partnership with Charles S. Carson, in place of closing the business of King, Carson & King as soon as legal and convenient, then my will is, that William Trigg and my wife carry on the business, one-third of each for their own account, and the remaining third to be equally divided between the children of my brother James and sisters Nancy and Elizabeth. To my father Thomas King, I leave, during his life the houses he now resides in and occupies, at Fruit Hill, together with that part of my land, in said tract north of the great road, that he chooses to farm, with what fruit he may want from the orchard; the spring house, being intended for a wash house, with the appurtenances, subject to the direction of my beloved wife, Mary; as also the orchard, except as aforesaid. I also leave and bequeath to my father, the sum of two hundred dollars per annum, during his life; and if accidentally fire should destroy his Fincastle house and buildings, a further sum of two hundred and twenty dollars per annum, while his income from these would cease. I also leave and bequeath to the Abingdon Academy the sum of ten thousand dollars, payable to the trustees in the year one thousand eight hundred and sixteen, or lands to that amount, to be vested in said academy, with the interest or rents thereon, for ever.

'WILLIAM KING.

"Abingdon, Virginia, 3d March 1806.

"I hereby appoint William Trigg, of Abingdon, and James King, of Nashville, executors of my last will and testament enclosed; written by my own hand, and signed, this 3d day of March 1805.

'WILLIAM KING.'

'We agree that William King, at the time of his death, was seised and possessed of seventy-six tracts of land in the said county of Washington, containing, in the whole, nineteen thousand four hundred and seventy-three acres of land, on one of which tracts is the salt works, which have, since his death, been leased for years at the annual rent of thirty thousand dollars. Also, of nineteen lots in the town of Abingdon, in Washington county, nine of which produced an annual rent of six hundred and sixty dollars. Also, of fourteen tracts of land in the county of Wythe, containing three thousand four hundred and ninety-four and a half acres. Also, of eighteen tracts of land in the state of Tennessee, containing, in the whole, ten thousand eight hundred and eighty acres. Also, of shares in town lots, in several of the towns in the state of Tennessee. We also agree that the said William King survived his father, in the said will mentioned; that the said William King had brothers and sisters, to wit, James King, a brother of the whole blood; Nancy, a sister of the whole blood, the wife of Connally Finlay, in the will mentioned; ...