Walton v. Willis

by Supreme Court of the United States

1788.

WALTON verʃus WILLIS.

W

HERE an heir at law took an interftate'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 thofe who where entitled, under the Act of Affembly, to a diftributive fhare of the eftate.

The CHIEF JUSTICE faid, in the courfe of the argument in this caufe, that the practice above mentioned, was illegal and improper ; for, the Orphans Courts ought, inftead of Bonds, which the lands themfelves would be bound for the payment of the diftributive fhares. He added, that the Court would not enter into a retrofpect upon this fubject ; but that, for the future, they would expect a conformity to the opinion now given.^[♦]